People v. Rolfe

1

2024 IL App (4th) 230403-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LESLIE ROLFE, Defendant-Appellant.

No. 4-23-0403

Court of Appeals of Illinois, Fourth District

June 18, 2024

This Order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Winnebago County No. 21CM1174 Honorable Tamika R. Walker, Judge Presiding.

JUSTICE KNECHT delivered the judgment of the court. Justices Lannerd and Turner concurred in the judgment.

ORDER

KNECHT, JUSTICE.

¶ 1 Held: (1) Defendant has not met his burden of proving his claim his disorderly-conduct convictions violate his right to free speech. (2) The evidence is sufficient to support defendant's convictions.

¶ 2 In March 2023, a jury found defendant, Leslie Rolfe, guilty of five counts of disorderly conduct (720 ILCS 5/26-1(a)(1) (West 2020)). He was sentenced to concurrent terms of 24 months' conditional discharge. Defendant appeals, arguing (1) his convictions must be vacated as they punish him for engaging in protected speech on a public sidewalk near city hall and (2) the evidence was insufficient to sustain his convictions. We affirm.

¶ 3 I. BACKGROUND

¶ 4 This appeal stems from a June 4, 2021, interaction between defendant, who was protesting and seeking racial justice, and city employees, who were removing "memorials" or "posters" from utility poles near city hall. We note defendant's appellant brief identifies defendant as a nonviolent protestor and member of an activist group opposing police brutality and government misconduct in Winnebago County. Defendant's brief further describes the "at least nine criminal cases against him" and alleges these cases are attempts by the government to silence him. This case is a direct appeal from a conviction of five counts of disorderly conduct (id.). We will consider the facts relevant to those convictions. Defendant has provided no authority giving this court jurisdiction to consider whether the cumulative criminal suits against him are part of an ongoing effort to keep him from protesting on public property. The facts of the other criminal cases against defendant are, therefore, not relevant to whether defendant's convictions here violate his constitutional right to free speech or lack support by the evidence.

¶ 5 At defendant's trial, the State called five city employees to testify. The first to do so was Stephanie Peavy a code-enforcement officer with the City of Rockford. Peavy testified she enforced city administrative ordinances. According to Peavy, on June 4, 2021, her shift began at 7 a.m. As directed by management, Peavy began the day by removing memorials from utility poles in the area. She worked that day with Amy Sommerfield and Melissa Masso, going in one direction, while Jessica Anderson, Kyle Saunders, and later Brandon Kruse worked in another area. In the previous few months, this task had been done fairly frequently, at least weekly. Peavy's common work area was near city hall.

¶ 6 Peavy testified it was a common occurrence to see defendant. On June 4, 2021, defendant approached the three yelling profanities and racial slurs. He was also blowing the siren on his bullhorn. Defendant came "[w]ithin a couple feet" of the group. Defendant called the three "Ku Klux Klan members" and racist city workers. The three continued cleaning and completed the task. They attempted to hurry, as defendant was harassing them. Peavy testified "[t]he [bull]horn was rather loud." She stated she was not issued hearing protection for removing posters from a pole. The siren was "[absolutely" close enough to hurt her ears. Peavy stated they reported the incident to the police via e-mail. Peavy did so because this "felt like this was kind of an escalated event." It was common for the workers to be recorded while they were out there and to hear the things they said, but "[t]he siren was new." The situation "just seemed a little different this time."

¶ 7 On cross-examination, Peavy acknowledged defendant did not physically harm her, touch her, or threaten her. When asked if he said anything to her personally, Peavy said he called the group names. Peavy believed the bullhorn noise was loud enough to cause hearing damage.

¶ 8 On redirect examination, Peavy testified defendant "was using a siren and a bullhorn" and "was shouting" at her. Being in a group made her feel more secure.

¶ 9 Amy Sommerfield, in June 2021, worked as a code-enforcement officer with the City of Rockford. Sommerfield testified, on June 4, 2021, she was assigned to clean up the area near city hall. The workers went to remove "taped-on paperwork, photos and other items that were taped and attached to many of the light posts and sign posts" in the area near city hall. Sommerfield had done this approximately four other times. Sommerfield went out with Peavy and Masso that day. The three exited in the alley and headed from Walnut Street to the corner of First Street and State Street. They worked along State Street toward city hall. As they were walking along First Street, approaching State Street, Sommerfield "could hear one or two of the protestors" and a bullhorn. Sommerfield saw defendant holding the bullhorn. She knew him to be someone "in front of city hall quite a bit protesting." She would see him daily as she entered and exited city hall. Defendant "would switch between turning on the siren in the bullhorn and then turning the siren off and talking, yelling into the bullhorn." Defendant's conduct was directed at Sommerfield, Peavy, and Masso. At times, defendant was "standing right next to us with a bullhorn basically in our-aimed at our heads." When he was right next to them, the siren was on and he talked into the bullhorn.

¶ 10 Sommerfield testified defendant "basically follow[ed] us[,] so most of the time [he was] a couple of steps behind us." When the trio "stopped, he'd come right up next to us about three steps behind." Defendant followed them the full block between First and Second Streets. That entire time, defendant alternated from using the siren to shouting through the bullhorn. Sommerfield was worried about her well-being, as she suffered headaches and, at times, migraines. When asked if she was worried about her hearing, Sommerfield testified, "Yes. Part of it, yes I was."

¶ 11 On cross-examination, Sommerfield testified the items removed from the light poles "were pictures, paperwork, tape, sometimes stuffed animals and balloons." Sommerfield stated she knew the items did not belong there and needed to be removed. She could not remember if she got a headache that day after interacting with defendant. Defendant did not touch Sommerfield. When asked if defendant threatened her, Sommerfield testified she "felt threatened." The incident occurred on sidewalks. Sommerfield did not call the police.

¶ 12 Melissa Masso, a secretary in the property standards building department with the City of Rockford, testified she helped with inspections and other jobs with the code-enforcement division. On June 4, 2021, Masso was asked to help remove pictures and memorials with other code-enforcement personnel. Masso had done this work probably three or four other times. They were asked to remove the posters weekly or every other week if there was going to be a parade or special occasion in downtown Rockford.

¶ 13 Masso had seen defendant outside city hall in front of the office windows. On June 4, 2021, the trio came into contact with defendant at the corner of State Street and North First Street. Masso testified defendant's bullhorn sounded like a loud siren. He was shouting into the bullhorn. Masso did not recall the words he was shouting. Masso was scared by "[t]he way he was coming at us, the way he was shouting at us and just very threatening." Defendant was "right at [her] shoulder." The three continued to clean. Defendant followed them "[t]he entire time." Masso testified the police department was notified. Each person typed up their testimony and submitted it to the police. Masso testified she needed to report the incident, as "it felt very threatening." When asked if defendant said anything to her, Masso testified, "He specifically said something to me in regards to being a mother at one point and made me feel very upset." ¶ 14 On cross-examination, Masso testified defendant did not touch her. Masso testified regarding the comment defendant directed at her:

"Q. You did testify on direct examination that you remember him saying something about you being a mother but you don't remember when he said, though, do you?

A. I remember.

Q. What did he say?

A. He basically asked me what I would do if that was my son or daughter laying on the ground murdered.

Q. But that wasn't about you, was it?

A. I felt like it was towards me, yes."

Masso testified they were removing memorials around city hall. Masso agreed defendant was with the group for around 15 to 20 minutes. The group did not call 9-1-1.

¶ 15 Brandon Kruse, the construction services coordinator for the City of Rockford, testified he met with his coworkers "to remove the posters that were all over the light posts scattered around city hall location." Kruse had performed this task approximately five or six times. Kruse had seen defendant approximately 30 times before that day while entering and exiting city hall. Kruse testified he went with Masso, Peavy, and Sommerfield. At North First Street and State Street, defendant approached. Defendant "had a [bull]horn that was making loud noises." Defendant came "within five feet" of the city workers. The group tore down posters on both sides of State Street and Second Street. Defendant was "blowing the siren on the bullhorn and...