People v. Bohm

580 N.E.2d 905, 220 Ill. App. 3d 56, 162 Ill. Dec. 722, 1991 Ill. App. LEXIS 1770
CourtAppellate Court of Illinois
DecidedOctober 10, 1991
DocketNo. 3—90—0370
StatusPublished

This text of 580 N.E.2d 905 (People v. Bohm) 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. Bohm, 580 N.E.2d 905, 220 Ill. App. 3d 56, 162 Ill. Dec. 722, 1991 Ill. App. LEXIS 1770 (Ill. Ct. App. 1991).

Opinion

JUSTICE HAASE

delivered the opinion of the court:

A jury convicted the defendant, James E. Bohm, of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12—16(c)(1)). The trial court sentenced him to a 25-year term of imprisonment. The defendant appeals his conviction and sentence.

The nine-year-old complainant testified that she was staying overnight with her Aunt Wesley and Wesley’s boyfriend, the defendant, sometime in August of 1989. After going to bed on the floor of the defendant’s and Wesley’s bedroom, the complainant asked Wesley to put calamine lotion on her itchy knee. Wesley asked the defendant to do it. The complainant, who was dressed in a nightgown and panties, went into the living room. The defendant followed holding a bottle of calamine lotion. According to the complainant, he dropped the bottle, pushed her onto the couch, pulled off her underwear, got on top of her, and placed his “thing” inside her “private” between her legs. The complainant stated that this hurt. She began screaming and did so for approximately five minutes until her aunt came into the room. At that time, the defendant jumped off of her. The complainant went across the room to retrieve her underpants where the defendant had thrown them. She then telephoned her mother, who came and drove her home. According to the complainant, that night she told both her mother and father what the defendant had done to her. Her father told her to lie down and they would talk about it in the morning. They did not talk about it the following day because the complainant was scared. The complainant stated that about a week later she also told her grandmother what had happened.

The complainant recalled that she was examined in November or December by her family doctor, Dr. Trachtenbarg. When she told the doctor what had happened, he told her she would have to go to the hospital for a proper examination.

The parties stipulated that, if called to testify, Dr. Trachtenbarg would state that he saw the complainant on November 21, 1989, but did not conduct a sexual abuse examination because he refers those to other doctors. The referral was made that same day.

Joan McCullough, the complainant’s school nurse, testified that in October or November of 1989, the complainant came into her office complaining of stomach aches. The nurse thought perhaps the complainant was starting menstruation. She subsequently sent several notes to the complainant’s mother, suggesting the complainant see a doctor. When she received no response, the nurse took the complainant home and spoke with her mother in December of 1989. After Christmas, the complainant told the nurse that she had seen a doctor.

Dr. Michael Keoppen testified that he examined the complainant on January 3, 1990. The examination, done at the behest of the Department of Children and Family Services (DCFS), revealed that the complainant’s vulva was red and inflamed. There was also an irregular laceration of the hymen, which was not normal for a nine-year-old child. According to Dr. Keoppen, those findings were consistent with sexual abuse and the tear was caused by penetration. The doctor opined that the tear had occurred within one to six months prior to the examination.

Tracy Tegg, the complainant’s mother, testified that her sister, Wesley, and the defendant were living together during the summer of 1989 when, on several occasions, the complainant spent the night with them. About 12 a.m. on one such evening, Wesley telephoned Tegg and asked her to pick up the complainant because she was crying. Tegg asked her sister to try to calm the complainant and to call back in a half-hour if she was unsuccessful. Twenty minutes later Wesley and the defendant called to say they could not calm her.

When Tegg arrived, the complainant was crying and said she wanted to go home, but would not say what was wrong. In the car on the way home, the complainant said, “He did it to me.” When Tegg asked who did what, the complainant responded, “Jimmy did.” When she asked the complainant what he did, she would not say. At home, Tegg examined the complainant’s “private parts” and saw nothing unusual. Both she and the complainant’s father talked to her, but she would not say what had occurred. Finally, Tegg told the complainant to go to bed and they would talk in the morning. The next day Tegg asked the complainant several times what had happened, but she only said, “No, mom, I think it was a dream, nothing happened.”

Tegg further testified that the school nurse called her only once in November and said that the complainant was cramping and bleeding and should see a doctor. The next day, a DCFS representative told Tegg to take the complainant to a doctor for a physical. Tegg complied. The doctor did not perform an internal examination and said everything was fine. According to Tegg, two or three weeks later, a DCFS representative told her the examination was not good enough because they suspected sexual abuse. Tegg finally took the complainant to a hospital and an examination was performed. She stated that she did not expect anything sexual and had not known what to think when the complainant said, “He did it to me.” Tegg also testified that following the night of the incident, the complainant never returned to the defendant’s house, not because Tegg objected, but because the defendant did. Finally, Tegg stated that she received four visits from DCFS representative Tom Ivey, but not all of them were in regard to the alleged sexual abuse of the complainant.

Beverly McClure, a DCFS child protective investigator, testified that she interviewed the complainant on January 4, 1990. Initially, the complainant denied the incident and said she had been scared by a bad dream. In the dream, the defendant was on top of her and had taken off her panties. She screamed and her Aunt Wesley came into the room.

Eventually, after being told to tell the truth, the complainant told McClure the defendant had lifted her nightshirt, taken off her panties, “grabbed her butt,” and “humped” her for about five minutes. She said this hurt and that she screamed loud enough to wake Wesley and the neighbors. The complainant told McClure that she was afraid to tell anyone because her mother said she would have to go to a foster home if she did.

Peoria juvenile police officer Tommie Moton testified that she interviewed the complainant in January 1990. Officer Moton’s testimony was substantially similar to that given by Beverly McClure. In addition, Officer Moton stated that the complainant demonstrated on anatomically correct dolls and told Moton that she had previously told her mother it might have been a dream.

Officer Moton also stated that she interviewed the defendant, who admitted rubbing calamine lotion on the complainant’s legs, but denied having sexual intercourse with her. The defendant stated that when he applied the lotion, the complainant started screaming, but he did not know why.

Thomas Ivey, a DCFS child protective investigator, testified that he also interviewed the defendant. The defendant’s responses were the same as those he gave to Officer Moton. Ivey also testified that he had received a report in November 1989 that the complainant was at school and had cramps and a small amount of blood in her underwear. To rule out the possibility of sexual abuse, he contacted the complainant’s parents and suggested an examination.

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Cite This Page — Counsel Stack

Bluebook (online)
580 N.E.2d 905, 220 Ill. App. 3d 56, 162 Ill. Dec. 722, 1991 Ill. App. LEXIS 1770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bohm-illappct-1991.