People v. Bobo

662 N.E.2d 623, 278 Ill. App. 3d 130, 214 Ill. Dec. 1057, 1996 Ill. App. LEXIS 135
CourtAppellate Court of Illinois
DecidedMarch 13, 1996
Docket5 — 94 — 0309
StatusPublished
Cited by30 cases

This text of 662 N.E.2d 623 (People v. Bobo) 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
People v. Bobo, 662 N.E.2d 623, 278 Ill. App. 3d 130, 214 Ill. Dec. 1057, 1996 Ill. App. LEXIS 135 (Ill. Ct. App. 1996).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

After a jury trial, defendant, Wallace Bobo, was found guilty of aggravated criminal sexual abuse and was sentenced to three years’ imprisonment by the circuit court of Pulaski County. Defendant appeals, contending he was denied a fair trial through the erroneous admission of hearsay evidence and evidence of "other crimes.” We reverse and remand this cause for a new trial.

Prior to the surfacing of the allegations in this case, defendant had been a health teacher and athletic director or coach at Meridian High School for some 28 years. According to the testimony of one of the female students in his class, L.G., on February 25, 1991, defendant allegedly sexually abused her in his office during school hours. Sometime that day, L.G. informed defendant she had a headache and asked if he had any aspirin. Defendant gave her the aspirin and, after doing so, asked her to return to his office to speak with him after her last class. L.G. returned to defendant’s office at approximately 3 p.m. According to L.G., defendant asked her to take a seat and put her books down, and then he started talking to her about her day. L.G. began to feel uncomfortable and got up to leave. Defendant asked her for a hug first. L.G. complied, and while he was hugging her, defendant allegedly touched her on the buttocks. Defendant then allegedly moved his hand to her breast and tried to kiss her. L.G. protested, telling defendant to stop, while hitting him. Defendant stopped and informed L.G. that if she ever changed her mind, she knew where to find him. As L.G. walked out of the office, defendant pinched her breast. After the incident, L.G. waited outside the door for one of her friends. Once they left school grounds, L.G. told her friend about the encounter. The next day, L.G. called the sex education teacher at school and discussed the incident with her. L.G. then informed her parents and the principal of the school the following day.

During the investigation conducted by the Illinois Department of Children and Family Services (DCFS), several other students came forward recounting various incidents of having been fondled or spoken inappropriately to by defendant. The investigation resulted in defendant being charged with two counts of aggravated criminal sexual abuse against another female student, T.F. A jury trial on these charges resulted in a mistrial as the jury could not agree on a unanimous verdict. The State then filed two additional counts of aggravated criminal sexual abuse involving L.G. and another female student, J.R. The first two counts involving T.F. and the count involving J.R. ultimately were dismissed, and the case proceeded on the charges involving L.G. alone. Defendant was found guilty of aggravated criminal sexual abuse against L.G.

Defendant contends on appeal that he was denied a fair trial through the admission of hearsay evidence presented by the DCFS investigator. Specifically, defendant complains about the testimony pertaining to reports of allegations made against defendant by nine different high school girls. Defendant also finds fault with the investigator’s statement that 98% of complainants in child sexual abuse cases are truthful. Defendant further contends he was denied a fair trial by the admission of evidence of "other crimes.” We begin with defendant’s second argument.

Generally, evidence of other crimes or wrongful conduct is not admissible to show the defendant’s character or propensity to commit crime or wrongful acts. (E.g., People v. Kimbrough (1985), 138 Ill. App. 3d 481, 484, 485 N.E.2d 1292, 1295.) The underlying rationale is that such evidence is objectionable not because it has no appreciable probative value, but because it has too much. (Kimbrough, 138 Ill. App. 3d at 484, 485 N.E.2d at 1295-96.) The law distrusts the inference that because a man has committed other crimes, he is more likely to have committed the crime charged. (Kimbrough, 138 Ill. App. 3d at 484, 485 N.E.2d at 1296; see also People v. Williams (1994), 161 Ill. 2d 1, 39-40, 641 N.E.2d 296, 312.) Consequently, the erroneous admission of evidence of other crimes carries a high risk of prejudice and ordinarily calls for reversal. (People v. Mason (1991), 219 Ill. App. 3d 76, 80, 578 N.E.2d 1351, 1354.) Evidence of other crimes may be admissible, however, if relevant for any purpose other than to show the defendant’s character or propensity to commit crime, such as motive, intent, identity, absence of mistake, knowledge, common design or scheme, or modus operandi. (People v. Petitt (1993), 245 Ill. App. 3d 132, 140, 613 N.E.2d 1358, 1370; Mason, 219 Ill. App. 3d at 80, 578 N.E.2d at 1354; Kimbrough, 138 Ill. App. 3d at 484-85, 485 N.E.2d at 1296.) Here the State introduced evidence of other wrongful acts, allegedly committed by defendant against several other female students, to show intent and/or motive and/or knowledge. The State, however, did not establish how such evidence showed motive, intent, or knowledge. Defendant denied that the entire incident with L.G. ever occurred; he did not claim he accidentally touched her, nor did he give some other type of excuse. The evidence offered by the State both through the testimony of the students and the DCFS investigator served only to demonstrate defendant’s alleged propensity to sexually assault or harass female students. Particularly noteworthy were alleged instances of defendant grabbing a student’s breast while walking down a hall or defendant allegedly rubbing a student’s thigh while taping her ankle. Much of the evidence lacked any similarity to the incident at bar, other than that it involved the alleged fondling of a female student at the hands of defendant. Admittedly, two of the alleged encounters with other students reveal several similarities. Nevertheless, all of the evidence served only to show defendant’s propensity to commit the crime charged. Admitting into evidence separate acts of sexual misconduct with other students at other times and places for the purposes of showing intent, guilty knowledge, accident, or absence of mistake simply is unnecessary, as these factors are shown by testimony concerning the act itself. (People v. Woltz (1992), 228 Ill. App. 3d 670, 674, 592 N.E.2d 1182, 1185.) The erroneous admission of such evidence, being highly prejudicial in nature, calls for reversal. As we have stated before, when the outcome of a trial depends entirely on the credibility of an accuser and the defendant, no error should be permitted to intervene. Woltz, 228 Ill. App. 3d at 676, 592 N.E.2d at 1186-87; see also People v. Lawler (1991), 142 Ill. 2d 548, 561-62, 568 N.E.2d 895, 901.

Because of our disposition of this issue, we need not address defendant’s hearsay contentions involving the DCFS investigator’s recounting of the numerous uncharged accusations against defendant made by other female students. Such evidence simply is inadmissible in this instance, no matter how presented. We therefore need only address the investigator’s statement pertaining to the general credibility of alleged child abuse victims, as this may resurface in defendant’s new trial.

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Cite This Page — Counsel Stack

Bluebook (online)
662 N.E.2d 623, 278 Ill. App. 3d 130, 214 Ill. Dec. 1057, 1996 Ill. App. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bobo-illappct-1996.