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People v. Johnson3/15/2005
UNPUBLISHED
Following a bench trial, defendant was convicted of four counts of first-degree criminal sexual conduct, MCL 750.520b(1)(f) (actor causes personal injury and force or coercion is used), and was sentenced to four concurrent terms of eighteen to fifty years' imprisonment. He appeals as of right. We affirm.
On October 8, 2003, defendant and the victim lived together with the victim's four young children. On that date, defendant became upset with the victim when he learned that she saw her ex-husband and kept the matter a secret. Although the victim thought that the issue was resolved after a discussion, the next evening at about 10:00 p.m. defendant confronted her in their bedroom. He made comments about her keeping secrets and subsequently put a white glove on one of his hands and told her that he was going to teach her a lesson. He then told her to remove her clothes and he began insulting her. The victim complied with defendant's demand to remove her clothes because she was afraid defendant would hit her. Defendant thereafter continued to hurl insults at the victim. He also announced that she had until 11:00 p.m. "before he got started."
At 11:00 p.m., defendant started punching the victim. His acts of hitting and insulting the victim continued for several hours. At one point, he punched her in the right eye. At 2:00 a.m., defendant indicated that he was going to have sex with the victim. However, he subsequently lay on the bed and, after instructing the victim not to go to sleep, he began dozing. Although he was dozing, he opened his eyes and looked at the victim every time she tried to move. At 4:00 a.m., defendant got up and taunted the victim by saying, "You thought it was over." He put the white glove back on his hand and ordered the victim to get on her hands and knees. He spoke to her firmly "as if he wanted to hurt" her. After making her get on her hands and knees, he told her that she was going to do everything he told her to do. He handed her a pen shaped like a baseball bat and instructed her to penetrate her own vagina with the pen. The victim complied because she hoped that defendant would not hit her anymore. When the victim discontinued the penetration with the baseball bat pen, defendant found a hair spray bottle, pried her legs apart, and inserted the bottom of the bottle into her vagina. He then looked for another object. He found a forty-ounce beer bottle and inserted that into her vagina. Finally, he engaged in penile/vaginal intercourse with her. The acts stopped at approximately 5:00 a.m.
When the victim was getting her children ready for school that morning, defendant grabbed her and ordered her to fix her hair. He also told her that she could not walk her three school-aged children to school. The children left for school alone. Defendant then ordered the victim back to her bedroom and instructed her to get undressed. The victim testified that they watched television most of the day. Her four-year-old child was in the room. At one point, defendant made the victim go to her children's bedroom where they engaged in sexual intercourse out of the view of her daughter. Later, the victim's school-aged children arrived home from school, and defendant told the victim that he planned to run the house and care for the children. He would not allow the victim to leave her room. At some point later in the evening of October 10, 2003, the victim seized an opportunity to get out of the house. Three of her children were already outside, and she told the fourth child to go outside. She then followed the child outside, and they ran for help. She ran to a shop and the owner called for emergency assistance. He observed that the victim had been beaten, i
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