In Re AMC

500 N.E.2d 104, 148 Ill. App. 3d 775
CourtAppellate Court of Illinois
DecidedNovember 3, 1986
Docket2-85-1061
StatusPublished
Cited by10 cases

This text of 500 N.E.2d 104 (In Re AMC) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re AMC, 500 N.E.2d 104, 148 Ill. App. 3d 775 (Ill. Ct. App. 1986).

Opinion

148 Ill. App.3d 775 (1986)
500 N.E.2d 104

In re A.M.C. III, a Minor (The People of the State of Illinois, Petitioner-Appellee
v.
A.M.C. III, Respondent-Appellant).

No. 2-85-1061.

Illinois Appellate Court — Second District.

Opinion filed November 3, 1986.

*776 G. Joseph Weller and Paul J. Glaser, both of State Appellate Defender's Office, of Elgin, for appellant.

Fred L. Foreman, State's Attorney, of Waukegan (William L. Browers and Martin P. Moltz, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

*777 JUSTICE LINDBERG delivered the opinion of the court:

A.M.C., the minor respondent, was charged as a delinquent minor (Ill. Rev. Stat. 1985, ch. 37, par. 702-2) with four counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-14(b)(2)(i)). At an adjudicatory hearing, the trial court directed a verdict for respondent as to one of the counts, but adjudged him a delinquent minor based on the remaining three counts. Respondent was placed on 24 months' probation and 16 days' secured detention. He appeals, claiming that the trial court erred in (1) finding the five-year-old complaining witness competent to testify and (2) in permitting the complaining witness' mother to testify to details of the complaint which were made to her after the incident.

The State filed a petition for adjudication of wardship based on a sexual assault described as acts of penetration of the complaining witness by (1) placing his penis in her vagina and mouth; (2) placing his tongue in her mouth; and (3) placing his finger in her vagina. The court directed a finding for respondent on the act of placing his tongue in her mouth. Initially, the court found that the complaining witness (S.S.), who had turned five years old a month before the hearing, was competent to testify. The following day, S.S. testified about the details of the alleged incident.

S.S. stated that "[respondent] took me down in the basement and humped me." She stated that respondent pulled her downstairs and took off her clothes. He then took off his own clothes and lay on top of her. Using anatomically correct dolls to demonstrate, she indicated that respondent "put it up in my stuff," placing the penis of the male doll in the vagina of the female doll. She said that respondent also put his tongue in her mouth and "his stuff" in her mouth and in her "butt." She also indicated that he put his fingers in her vagina.

On cross-examination, she stated that she had previously been shown the dolls by Chris Bellios, a victims' assistant, and by the prosecutor. They had shown her what respondent did to her a total of six times. Both the witness' sister, LaSandra, and her mother had told her to say that respondent had put his "stuff" in her "stuff."

The victim's mother testified that she took her three daughters to their baby-sitter's home on the morning of July 2 and then went to work. She got home from work very late that night and so did not see the children until the following evening. At that time, based on a previous talk with the baby-sitter, she asked the victim what had happened between her and respondent. Over objection, she said that the victim said that respondent took her into the basement, took off her clothes and hurt her. The victim said that respondent put his "thing" *778 in her mouth, licked her and "was feeling on" her.

Other witnesses included the baby-sitter, a police officer who had questioned respondent regarding the incident, and the nurse and emergency-room physician who had examined the victim after the incident. Respondent also testified in his own behalf.

At the close of all the evidence, the trial court granted a directed finding on one of the four counts. It found that the other three counts had been proved beyond a reasonable doubt and declared the respondent a delinquent minor and a ward of the court.

• 1, 2 Respondent's first issue is whether the trial court erred in finding five-year-old S.S. competent to testify. The question of a witness' competency is for the trial court, and the reviewing court will not disturb such a ruling unless the trial court abused its discretion or misapprehended some legal principle. (People v. Epps (1986), 143 Ill. App.3d 636, 639, 493 N.E.2d 378; People v. Mangiaracina (1981), 98 Ill. App.3d 606, 610, 424 N.E.2d 860.) The controlling factor in determining a child's competency is the degree of his or her intelligence, not chronological age. (People v. Ballinger (1967), 36 Ill.2d 620, 622, 225 N.E.2d 10, cert. denied (1967), 388 U.S. 920, 18 L.Ed.2d 1366, 87 S.Ct. 2141; People v. Epps (1986), 143 Ill. App.3d 636, 639, 493 N.E.2d 378, 380.) A child is competent to testify if he or she is sufficiently mature to receive correct impressions from his or her senses, to recollect and narrate those impressions intelligently, and to appreciate the moral duty to tell the truth. People v. Ballinger (1967), 36 Ill.2d 620, 622, 225 N.E.2d 10; People v. McNichols (1986), 139 Ill. App.3d 947, 951, 487 N.E.2d 1252.

Respondent relies heavily on People v. Willson (1948), 401 Ill. 68, 81 N.E.2d 485, where spontaneous statements by a three-year-old witness to the crime were held incompetent when testified to by adults who heard them. The court stated, "[U]nder the age of six presumption of incompetency would arise, and at the age of five the utmost limit would be ordinarily reached, unless extraordinary development of the mental and religious faculties should be shown * * *." (401 Ill.2d 68, 78, 81 N.E.2d 485.) The recent trend, however, has been toward an extremely broad standard of competency, and recent cases have regularly upheld trial courts' decisions permitting very young children to testify. See, e.g., People v. Bridgeforth (1972), 51 Ill.2d 52, 56-57, 281 N.E.2d 617, 620; People v. Tappin (1963), 28 Ill.2d 95, 97, 190 N.E.2d 806 (5 1/2-year-old found competent); In re E.S. (1986), 145 Ill. App.3d 906, 910, 495 N.E.2d 1334; People v. Epps (1986), 143 Ill. App.3d 636, 639, 493 N.E.2d 378 (six-year-old found competent); People v. McNichols (1986), 139 Ill. App.3d 947, 952-53, 487 N.E.2d 1252 *779 (witness was four at time of offense and five at time of trial); People v. Brown (1980), 91 Ill. App.3d 163, 165, 414 N.E.2d 249 (seven-year-old).

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Bluebook (online)
500 N.E.2d 104, 148 Ill. App. 3d 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amc-illappct-1986.