People v. Booker

585 N.E.2d 1274, 224 Ill. App. 3d 542, 166 Ill. Dec. 252, 1992 Ill. App. LEXIS 82
CourtAppellate Court of Illinois
DecidedJanuary 24, 1992
Docket4-91-0138
StatusPublished
Cited by22 cases

This text of 585 N.E.2d 1274 (People v. Booker) 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. Booker, 585 N.E.2d 1274, 224 Ill. App. 3d 542, 166 Ill. Dec. 252, 1992 Ill. App. LEXIS 82 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered, the opinion of the court:

After a jury trial in Moultrie County circuit court, defendant, Gary Dean Booker, was convicted of two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12—14(b)(1)) and was sentenced to 12 years’ imprisonment. Defendant appeals, arguing (1) he was not proved guilty beyond a reasonable doubt; (2) the court erred by allowing evidence of out-of-court statements made by the victim; (3) the court erred by not instructing the jury about what to consider in determining the weight and credibility of the victim’s hearsay statements; and (4) the trial judge should have recused himself. We disagree and affirm.

On March 30, 1990, defendant was charged with two counts of aggravated criminal sexual assault. (Ill. Rev. Stat. 1989, ch. 38, par. 12—14(b)(1).) The State alleged between January 1, 1985, and December 31, 1985, and between January 1, 1986, and September 1, 1986, defendant, who was over seventeen years old, committed an act of sexual penetration on his stepchild, who was under 13 years old. The acts allegedly occurred each Tuesday night while the victim’s mother bowled and the victim remained within defendant’s control.

On July 26, 1990, the State filed various motions in limine. After a November 21, 1990, hearing, among other rulings, the court ruled the State could introduce the victim’s out-of-court statements in which she complained of the alleged acts. It found an exception to the hearsay rule where the statements made by the victim were reliable based on the circumstances surrounding the making of the statements. It also ruled an expert could testify about posttraumatic-stress disorder, why sexual abuse victims often delay reporting the offenses, and characteristics common in families in which child sexual assault occurs.

Defendant’s jury trial began November 27, 1990. The victim testified her mother was previously married to defendant. The victim was 17 years old when the trial began. The charges involved conduct by defendant that occurred before the victim became 13 years old on September 1, 1986. After her mother married defendant, the three of them lived in defendant’s grandmother’s house. In 1984, they moved into the home in which the assaults occurred. The victim stated she and defendant did not get along well and they fought because defendant consumed a lot of alcohol. She never sought help or advice from defendant, nor did she introduce her friends to defendant. She seldom brought friends to her home. In addition, she stated defendant showed no interest in her accomplishments and did not attend her school activities. The victim reported she had a close relationship with her natural father. Although early on defendant wanted to adopt her, she did not want this to occur, and her natural father would not permit it.

The victim testified she knew the nature of sexual intercourse and she had been raped by defendant on a weekly basis between 1985 and 1986. These assaults began when she was 12 or 13 and continued until she was 14 or 15 years old, and transpired while her mother bowled on Tuesday evenings and the victim was left under defendant’s control in their home. According to the victim, defendant would enter her bedroom while she was in bed, and have intercourse with her. She testified at times she had pretended to be asleep. Defendant had always been drinking before the assaults occurred. The victim kept a diary during these years, but did not write about the assaults.

She testified she was afraid to tell her mother and ashamed to tell her friends about the assaults because she thought she “was the only person that this had ever happened to and people wouldn’t understand.” When she did divulge the assaults to counselors and investigators three or four years after the assaults occurred, she still did not want the police involved or her mother told. She also testified she blocked out the incidents until after an event occurred at school, about which her basketball coach spoke to the team. A fan had inappropriately touched one of the team members. This event, according to the victim, ignited her recollection of defendant’s weekly assaults.

Corroborative witnesses supported the victim’s testimony. The victim complained to these witnesses about the alleged acts. The witnesses included her high school basketball coach, a high school counselor, a mental health center counselor, an Illinois Department of Children and Family Services (DCFS) investigator, an Illinois State Police detective, and the victim’s mother.

The victim first divulged the assaults to her high school basketball coach in March or April 1989. The coach testified the coaching staff and team members had discussed the incident where one of the girls was inappropriately touched by a team fan. The girls were told they did not have to allow this conduct. Days after the discussion, the victim spoke with the coach about defendant’s assaults. The coach testified she seemed very upset and was very concerned about her mother being told. He reported the victim’s allegations to the school principal.

The victim also disclosed the assaults to her high school counselor in October or November 1989. The counselor testified the victim seemed “subdued,” “embarrassed,” while telling him about the sexual assaults. He referred her to a therapist at the Moultrie County Counselling Center. The therapist, Colleen Gosselin, had a bachelor’s degree in education, a master’s degree in psychology, an advanced degree in Gestalt therapy, and had participated in numerous workshops. She testified her first meeting with the victim occurred at the victim’s school on January 11, 1990. When they discussed the sexual assaults, the victim “seemed nervous *** and a little pale and tearful.” When they met again at the counselling center on January 22, 1990, the therapist observed the victim was again pale and tearful, with her eyes focused on the floor. She also indicated the victim “was seeing relief that she finally got to tell someone her story.” At a third session, the victim provided more details about the assaults.

Gosselin explained to the victim they could only meet five times before the victim’s parents had to be notified. At the third meeting on January 29, 1990, Gosselin told the victim her mother should be told about the abuse. The victim at no time wanted the police involved, and was hesitant about telling her mother about the assaults.

At the fourth meeting on February 1, 1990, Gosselin initially met with the victim’s mother and informed her about her daughter’s alleged assaults. The victim and her mother then met with Gosselin and the mother’s counsellor, Barb Estes. On February 26, 1990, DCFS was informed about the allegations.

Maria Miller, an investigator for DCFS, testified she and Sergeant Colin McLain, an Illinois State Police detective, pursued further investigation of the victim’s allegations. The victim repeated similar allegations during her February 27, 1990, interview with Investigator Miller and Detective McLain. Miller and McLain also interviewed the victim’s mother and defendant.

During the interview, defendant stated it was not uncommon for him to consume four or five beers at his place of employment after he got off work, a couple more on his way home, and a couple more when he got home.

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Cite This Page — Counsel Stack

Bluebook (online)
585 N.E.2d 1274, 224 Ill. App. 3d 542, 166 Ill. Dec. 252, 1992 Ill. App. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-booker-illappct-1992.