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State v. Lyles6/21/1996
The opinion of the court was delivered by
PRESSLER, P.J.A.D.
This is a date-rape case. Following a trial by jury, defendant Rodney F. Lyles was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1b; third-degree terroristic threats, N.J.S.A. 2C:12-3a; first-degree aggravated assault by reason of sexual assault during the commission of a kidnapping, N.J.S.A. 2C:14-2a(3); and second-degree sexual assault, N.J.S.A. 2C:14-2c(1). Defendant was sentenced to a twenty-year term on the kidnapping charge, into which the first-degree aggravated assault was merged. He was also sentenced to a concurrent three-year term on the terroristic threats conviction and a concurrent seven-year term on the second-degree sexual assault. Appropriate VCCB and SNSF penalties were also imposed.
In challenging the judgment of conviction, defendant raises two issues, the first involving fresh-complaint evidence and the second involving the court's failure to hold a hearing to determine his competency to stand trial. Defendant does not raise an appellate challenge to the sufficiency of the evidence to support either the kidnapping conviction or the conviction of sexual assault during the course of kidnapping, although the trial court did deny defendant's motion for acquittal of these two charges. Because, however, of our concern with the adequacy of the State's proofs to support those two convictions, we afforded the parties the opportunity to submit supplemental briefs on that issue. Having considered the record in the light of all the briefs, we are now satisfied that while neither the trial court's handling of the fresh-complaint evidence nor its failure to have held a competency hearing constituted plain error, the two first-degree convictions cannot stand because of insufficiency of evidence.
The State's case depended on the testimony and hence the credibility of the complaining witness, I.P. There was no corroborating physical evidence, and defendant, although he had no prior criminal or juvenile record, did not testify on his own behalf. This is what I.P. testified to.
In August 1993, I.P., then twenty-four years old and employed as a sales agent by Continental Airlines at Newark Airport, moved to a studio apartment in Elizabeth. Because she knew no one in Elizabeth and was of athletic inclination, she joined the neighborhood YMCA, enrolling in an exercise and nutrition program. It was her custom to walk to the YMCA from her home and back. On the evening of Wednesday, August 25, 1993, she finished her workout late, about 9:30 p.m., and was concerned about walking home in the dark. One of the instructors suggested that defendant, then twenty-seven years old and also a participant in the program, drive I.P. home. The instructor vouched for defendant, telling I.P. that he would trust him with her sister. I.P. agreed.
On the way home, I.P. and defendant agreed to stop for something to eat and went to a neighborhood gyro restaurant. While there, they were handed a flyer promoting a pool party that weekend, and they discussed going together. As they became acquainted, they agreed to spend more time together that evening to get to know each other. Because I.P.'s furniture had not yet arrived at her new apartment, they agreed that they would first stop there to pick up some board games and then drive to defendant's house in Plainfield to spend the rest of the evening. They followed this program, playing the games and talking.
Shortly after midnight, I.P. told defendant she had to go home as she had to be up at 4 a.m. to go to work. Defendant responded that he was too tired to drive and suggested that she remain overnight in his house, assuring her that h
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