held without bail pending trial. For defendant's first ground, he argues that the evidence was insufficient to prove he transmitted a threat with the intent of placing Marilyn Krawiec in reasonable apprehension of harm. Defendant's second ground argues that the evidence was insufficient to prove he placed Marilyn Krawiec "under surveillance" as used in the statute. This case gives the states one of its first looks at a court's analysis on sufficiency of the evidence. The analysis does not address all the possible elements of stalking, but it does give us a look at how much evidence is necessary and what witnesses can be used most effectively in presenting the evidence. The fact situation involves a married couple, separated pending a dissolution of marriage. The Illinois Appeals Court pays special attention to each fact and specifically emphasizing that the statute does not necessarily require the intent to inflict bodily harm. The legislative intent behind statute is to prevent intimidation and the infliction of fear, as well as to prevent violent attacks, actions which serve as preludes to attacks and harassing actions. 21 Defendant's second issue challenges a provision of the Illinois stalking statute that permits a defendant to be held without bail pending trial. 22 The Illinois Court refused to address this issue on appeal holding that defendant lacked standing and waived any rights to this challenge. The Court noted that defendant was not held without bail pending trial and he cited to no authority in support of his contentions. Since standing was the reason for rejecting this constitutional challenge, the Illinois Courts will eventually be faced with a tough issue. This provision is not in the Arkansas Stalking Statute. Finally, in People v. Heilma,23 defendant was convicted of first degree murder and stalking. On appeal, defendant challenged, inter alia, the constitutionality of the
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California stalking statute on the grounds of vagueness. The reason for mentioning this California case is to give more credibility to the concerns of proponents of stalking laws who fear that many murder victims may have been stalked. It is a perfect example of the person who stalks his victim and commits murder even though, or in spite of the fact, that a protective order was in effect. The second purpose of mentioning this case is to provide an
example of the kind of threatening language used by stalkers and held to be sufficient as a terroristic threat. In Arkansas, there are two stalking convictions presently on appeal. The first one comes from Columbia County; Ricky Hardin v. State, Tom Wynn Prosecuting Attorney and David Butler, Deputy Prosecuting Attorney for the state and J. G. Molleston, a ttorney for appellant. Appellant's brief was submitted to the Arkansas Supreme Court in August of 1994. The state 29 ARKANSAS LAWYER
FALL 1994