People v. Butler

882 N.E.2d 636, 377 Ill. App. 3d 1050, 317 Ill. Dec. 756, 2007 Ill. App. LEXIS 1403
Appellate Court of Illinois·Decided December 28, 2007·No. 4-04-0795·Published·Cited by 17 cases

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

In June 2004, a jury convicted defendant, Lisa Y. Butler, of one count of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(f) (West 2000)) against her niece, K.B. (born April 5, 1984). In August 2004, the trial court sentenced defendant to four years’ probation. Defendant appeals, arguing (1) the State erroneously introduced expert testimony that bolstered K.B.’s credibility; (2) the admission of other-crimes evidence was erroneous in that it engendered unfair prejudice that outweighed any probative value; (3) the trial court erred by not giving a contemporaneous admonition the jury should disregard evidence of other crimes when that evidence surfaced at trial; and (4) the State failed to prove her guilty beyond a reasonable doubt. We affirm.

I. BACKGROUND

On October 29, 2002, the State charged defendant and her husband, John Butler, with committing sex offenses against their niece, K.B. The offenses involved two separate incidents from September 2001 and the summer of 2000. These offenses included one count of criminal sexual assault (720 ILCS 5/12 — 13(a)(4) (West 2000)) and two counts of aggravated criminal sexual abuse (720 ILCS 5/12— 16(f) (West 2000)). The State nol-prossed the sexual-assault count and one count of aggravated criminal sexual abuse, both of which were based on the alleged September 2001 incident.

A jury trial proceeded on the remaining aggravated-criminal-sexual-abuse count. This count asserted during the summer of 2000, defendant and John committed aggravated criminal sexual abuse in that they, the aunt and uncle of K.B., who was at least 13 years old, but under the age of 18, “intentionally fondled, kissed, and sucked the breasts of [K.B.] for the purpose of sexual gratification.”

At the consolidated trial of defendant and John, the State presented the testimony of six witnesses: Mary Butler, Mary Caslin, Gary Butler, N.B. (born August 20, 1980), Ryan Hill, and K.B.

Mary testified she was married to Gary, and they had two children, K.B. and N.B. John was her husband’s brother; and defendant her sister-in-law. Mary, Gary, and their daughters N.B. and K.B. had a “normal family relationship” with John and defendant. In October 2001, Mary, Gary, and their daughters attended a family reunion attended by John and defendant. There, a family member, Kellie DuPre, told Mary she was concerned about K.B.’s and N.B.’s visiting John and defendant’s residence. Mary and Gary discussed DuPre’s caution but believed they did not have enough information to act.

Mary testified, during the summer of 2000, K.B. was 16 years old. She babysat for John and defendant’s daughters. During that summer, K.B. also worked for the State of Illinois.

In early December 2001, Gary and Mary had separate conversations with K.B. and N.B. Gary and Mary were concerned K.B. would have difficulty responding to them in person, so they asked her to write whether she felt uncomfortable or had been abused while at John and defendant’s house.

K.B. returned about 40 to 45 minutes later with a letter. Mary testified they were shocked at its contents. She and Gary decided to have the same conversation with N.B. the next day.

After reading N.B.’s and KB.’s letters, Mary and Gary took a few days to decide what to do next. Within a week, they went to John’s and defendant’s house. There, they had John and defendant read the letters. Defendant stated, “that’s not the way it happened.” Mary asked defendant to tell her what did happen. Defendant told her the following: “When [K.B.] was over there babysitting that she had too much to drink and that [Mary] had helped [K.B.] to bed and that she [(Mary)] had helped her [(K.B.)] with her pajamas and that [K.B.] must have misunderstood.” Mary responded the letter stated more than one incident occurred. Defendant responded, “[W]ell, sometimes when I drink I get affectionate and don’t remember what I did and or what I do.” In their discussion, Mary asked defendant, “[d]on’t you understand what you’re living with?” Defendant responded, “John told me he’d never do anything with our children.” John said nothing, except at some point he told defendant to shut up.

Mary testified she and Gary told defendant and John they would have to get counseling. Gary also said John would make every appointment, and if John did not make the first appointment within a week, he would take the letters to the police and to their parents. Within a week, defendant called Mary. A psychiatrist informed defendant if defendant and John spoke to him about such incidents, he would have to report them. Mary told defendant to keep the appointment until she could talk to Gary.

Mary testified K.B. had been seeing a counselor, Ann Godman, since she was 12 years old — before the incidents with John and defendant. K.B. was seeing Godman to deal with stress, emotional, and anger issues.

On cross-examination, Mary testified during the summer of 2000, K.B., then 16, was dating Ryan Hill, then 20. The two were dating secretly, without Mary’s and Gary’s approval. K.B. moved in with Hill in April 2002. They resided together almost a year. Mary admitted K.B. had lied to her in the past. K.B. lied to her about Hill.

Mary testified Godman, a mandated reporter for the State of Illinois, had not reported an incident of sexual abuse during the years she counseled K.B. Mary did not know whether K.B. and Godman discussed the allegations or alleged incidents.

Mary testified John and defendant had two daughters. In the summer of 2000, their daughters were between the ages of two and six. Their oldest daughter had been hospitalized that summer, undergoing chemotherapy for leukemia.

An estrangement between John and defendant and Mary’s family began in October 2001. Mary testified N.B. and K.B. were not told not to go to John’s and defendant’s house, but Mary and Gary would not have allowed them to babysit or go there.

In February 2002, a police officer asked Mary to have a recorded telephone conversation with defendant. The purpose of the conversation was to see if they could get defendant to say something incriminating.

Mary Caslin worked as “a receptionist-bookkeeper-office manager” for Psychological Services of Central Illinois. She testified Mary Butler told her she and Gary were John’s parents. She requested a letter stating John had been scheduled for a follow-up appointment.

A stipulation regarding Kellie DuPre’s testimony was read to the jury. DuPre, age 32 at the time of the stipulation, was the niece of John and defendant as well as the niece of Gary and Mary. K.B. is her cousin. On October 7, 2001, DuPre hosted a Butler family reunion. DuPre denied she told Mary she should be concerned about the relationship between John and K.B.

Gary Butler testified both N.B. and K.B. babysat John and defendant’s daughters, including in the summer of 2000. He believed both babysat 7 to 10 times. The families lived about 50 miles apart.

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People v. Butler, 882 N.E.2d 636, 377 Ill. App. 3d 1050, 317 Ill. Dec. 756, 2007 Ill. App. LEXIS 1403 (Ill. Ct. App. 2007).

882 N.E.2d 636 (People v. Butler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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