People v. Anderson

587 N.E.2d 1050, 225 Ill. App. 3d 636, 167 Ill. Dec. 435, 1992 Ill. App. LEXIS 89
Appellate Court of Illinois·Decided January 24, 1992·No. 3-90-0807·Published·Cited by 47 cases

Opinion

JUSTICE SLATER

delivered the opinion of the court:

The defendant, Donald R. Anderson, was convicted of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12—14) after a jury trial and sentenced to a 15-year term of imprisonment. Defendant raises the following issues on appeal: (1) whether the trial court erred in denying defendant’s motion to suppress certain statements he allegedly made to investigators; (2) whether defendant was proved guilty beyond a reasonable doubt; (3) whether the trial court erred in admitting evidence of other crimes; (4) whether the court erred in admitting hearsay testimony of statements attributed to the victim; and (5) whether defendant’s sentence is arbitrary and excessive. We affirm defendant’s conviction and sentence.

SUPPRESSION HEARING

Defendant filed a motion to suppress certain statements he allegedly made in the presence of William St. Arnold, an investigator for the Department of Children and Family Services (DCFS), and John Pate, a special agent for the Division of Criminal Investigation of the Illinois State Police. The testimony presented at the suppression hearing indicated that St. Arnold, Pate and Janelle Beltramini, director of the State’s Attorney’s child protection services division, went to the clothing store owned by defendant on May 31, 1990, to interview him regarding complaints by defendant’s adopted 10-year-old son, J.A., of sexual abuse. The investigators arrived at the store at approximately 2:40 p.m. The store was open for business but the defendant was alone. St. Arnold told the defendant why they had come, that he did not have to talk to them, and that he could ask them to leave at any time. No Miranda warnings were given to defendant.

According to St. Arnold, defendant agreed to talk to the investigators and they interviewed him for about an hour before being interrupted by a telephone call from defendant’s wife. Shortly thereafter, Mrs. Anderson entered the store and told the defendant that he shouldn’t talk to the investigators unless his attorney was present. The defendant responded that he wanted to get the matter cleared up and Mrs. Anderson left. The investigators continued to interview the defendant, although there were several interruptions while defendant spoke briefly to people who entered the store. St. Arnold testified that after Beltramini left for an appointment, the defendant admitted that he had kissed J.A.’s penis on three or four occasions. Shortly thereafter Mrs. Anderson returned to the store and defendant then twice repeated the statement that he had kissed J.A.’s penis. Mrs. Anderson telephoned an attorney, and St. Arnold and Pate left the store. St. Arnold testified that at no time during the interview did the defendant ask the investigators to leave the store or seek to end the interview.

On cross-examination, St. Arnold acknowledged that the reason for interviewing the defendant was to gather evidence regarding J.A.’s claims of sexual abuse. St. Arnold denied shouting at the defendant and also denied shaking his fist at Mrs. Anderson and telling her to leave the store. Beltramini’s testimony was substantially in accord with St. Arnold’s, although she did not hear defendant’s alleged admissions of kissing J.A.’s penis because she left for an appointment before the statements were made. Pate’s testimony concerning the interview of defendant was consistent with that related by St. Arnold, including that defendant had admitted kissing J.A.’s penis on three or four occasions and that defendant twice repeated the statement in Mrs. Anderson’s presence.

Robert Lautzenhiser testified that he visited the defendant’s store on the afternoon of May 31, 1990. Upon entering the store, Lautzenhiser saw the defendant and his wife and two or three men that he didn’t recognize. The defendant appeared to be very agitated and he and one of the men were “practically nose to nose” and talking in loud voices. Mrs. Anderson was very upset and she asked Lautzenhiser to leave the store because there was a problem with J.A.

William Nelson testified that he works at a drugstore near the defendant’s clothing store. On the afternoon of May 31, 1990, Mrs. Anderson entered the drugstore and was very upset. Nelson helped her telephone a lawyer and gave her a glass of water and a cigarette.

Defendant Donald Anderson testified that he was 61 years old, the owner of Anderson Clothing and Shoes, and a lifelong resident of Princeton, Illinois. St. Arnold, Pate and Beltramini came to his store on the afternoon of May 31, 1990, and introduced themselves. According to the defendant, St. Arnold stated that he wanted to discuss J.A.’s allegations of sexual abuse and that he would like to be able to tell the State’s Attorney that defendant had cooperated so that the State’s Attorney would take it easy on him. St. Arnold told the defendant that they had a good case against him, that J.A.’s story remained constant, and that defendant was guilty of molesting him. Defendant said that these accusations frightened him and he asked what he was supposed to have done. St. Arnold replied that defendant and J.A. had engaged in oral sex at the defendant’s clothing store. Defendant stated that St. Arnold was screaming and very upset and defendant denied the allegations.

Defendant further testified that he and St. Arnold discussed J.A.’s history of running away and other difficulties defendant had with J.A. Defendant denied admitting that he had kissed J.A.’s penis on three or four occasions. Several people, including Robert Lautzenhiser, entered the store while defendant was being questioned but defendant told them to come back at another time. Mrs. Anderson came to the store about an hour after the investigators arrived. According to defendant, St. Arnold shook his fist at Mrs. Anderson and told her to get out of the store. She tried to argue with St. Arnold and tried to use the telephone but was unable to because of the shouting. She then went to the drugstore to call an attorney.

Defendant testified that he did not receive any Miranda warnings, but he was told that he did not have to talk to the investigators and that they would leave at his request. However, defendant stated that he told the investigators three times that he wanted an attorney and also asked them to leave three times but they ignored his requests. Defendant again denied admitting that he kissed J.A.’s penis.

On cross-examination, defendant testified that the statement that the State’s Attorney would go easy on him if he cooperated frightened him. It did not, however, have any effect on his decision to cooperate or answer questions because he had made that decision before the statement was made. Although defendant responded negatively when asked whether he believed he was under arrest at any time during the interview, defendant also stated that when the investigators ignored his requests to leave he thought that he probably was not free to go. Defendant acknowledged that the investigators told him that he did not have to speak to them and that he could terminate the interview at any time and that he agreed to cooperate and answer their questions. The trial court denied defendant’s motion to suppress, finding that the interview was noncustodial and that the defendant’s statements were made voluntarily.

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People v. Anderson, 587 N.E.2d 1050, 225 Ill. App. 3d 636, 167 Ill. Dec. 435, 1992 Ill. App. LEXIS 89 (Ill. Ct. App. 1992).

587 N.E.2d 1050 (People v. Anderson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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