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June 13, 2001 Supreme Court No. 2000-78-C.A. (P1/95-3477A) State v. Karl Krushnowski. : : :

Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. OPINION PER CURIAM. The defendant, Karl Krushnowski (defendant), has appealed a judgment of conviction on three counts of first-degree sexual assault -- for which he was sentenced to three consecutive seven-year prison terms -- and one count of assault with intent to commit first-degree sexual assault. This case came before the Supreme Court for oral argument on May 8, 2001, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be summarily decided. The defendant's convictions resulted from events that occurred in the early morning hours of July 30, 1995. Nadine F.1 (complainant) testified at trial that at approximately 3 a.m., she was telephoning her boyfriend, using a pay phone in front of "Fred's Place," a bar in Pawtucket, Rhode Island. During her conversation, she noticed a car passing by repeatedly and commented to her

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This is a fictitious name that we use to protect the complainant's privacy. -1-

June 13, 2001 boyfriend that this made her uneasy. According to complainant, before she

could hang up the phone, a man she later identified as defendant grabbed her from behind and punched her in the face. In the ensuing struggle he hit her, fractured her arm, and threw her head-first into his car, a two-seater gray Mercedes. He then sped away with her. The complainant's account of these events was confirmed by testimony from three men who were in the parking lot of Fred's Place at the time Nadine was abducted. The men saw defendant's Mercedes drive around the block twice, and saw the driver park the car, grab and punch the complainant, pull her towards his car, and drive away with her. Although the men first thought they were witnessing a "boyfriend/girlfriend *** dispute," they decided to call the police about the incident because the complainant was screaming loudly, and defendant appeared to be more violent and anxious to leave the scene as the three men approached him. The complainant further testified that defendant drove to a nearby supermarket parking lot while holding her head down and threatening her to remain quiet. When the complainant refused to obey defendant's demands to undress, defendant tore her clothes off. The complainant testified that

defendant then forced her to perform fellatio on him, put his mouth and hand in her vagina and repeatedly tried to penetrate her with his penis. At that time, the complainant became aware of an approaching police car and started to scream for help. According to testimony by one of the arresting officers, upon their arrival, defendant jumped into the driver's seat, and the complainant exited the car, yelling hysterically that defendant was raping her. She was completely undressed except for a torn bra hanging from her. One of her eyes was badly bruised. Subsequently, the complainant was taken to the hospital where she was treated for a fractured

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elbow, pain, and bruises on her face and leg. The defendant, who was wearing only a shirt, was arrested and placed in the police car. Pursuant to G.L. 1956

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Rhode Island Law