People v. Bergin

PRESIDING JUSTICE INGLIS

delivered the opinion of the court:

A single parent of four young children was suddenly awakened in her bed at 4 a.m. on Sunday, September 3, 1989. Two men were in her dark bedroom, one standing right at her bedside. The closest man, whom the victim recognized as a 24-year-old next-door neighbor, covered her face with a pillow and allegedly said “[d]on’t talk or we’ll kill the kids.” Both men then left.

Following a jury trial in May 1990, defendant, Joseph M. Bergin, was convicted of unlawful restraint (Ill. Rev. Stat. 1989, ch. 38, par. 10 — 3) and intimidation (Ill.…