People v. Caroline M.

827 N.E.2d 535, 356 Ill. App. 3d 517, 292 Ill. Dec. 1006, 2005 Ill. App. LEXIS 379
CourtAppellate Court of Illinois
DecidedApril 19, 2005
Docket3-04-0674 Rel
StatusPublished
Cited by2 cases

This text of 827 N.E.2d 535 (People v. Caroline M.) 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. Caroline M., 827 N.E.2d 535, 356 Ill. App. 3d 517, 292 Ill. Dec. 1006, 2005 Ill. App. LEXIS 379 (Ill. Ct. App. 2005).

Opinion

JUSTICE McDADE

delivered the opinion of the court:

The State filed a juvenile petition for wardship alleging that three-month-old K.R was abused by his father, Todd R, and neglected by his mother, respondent Caroline M. Following adjudicatory and dispositional hearings, the trial court allowed the petition and granted the Department of Children and Family Services (DCFS) guardianship with the right to place. Respondent appeals. She argues that (1) the finding of neglect was contrary to the manifest weight of the evidence, and (2) the dispositional order was an abuse of the trial court’s discretion. We affirm.

BACKGROUND

On December 12, 2003, the State filed its petition for wardship based on allegations that respondent’s home was injurious to KR.’s welfare, Todd broke KR.’s leg, and hospital personnel found that K.R. had two broken ribs that could not have resulted absent abuse. The petition further alleged that Todd had a history of drug dealing and drug use, Todd was growing cannabis in the home, and both parents used cannabis.

The adjudicatory hearing was held on March 8 and June 28, 2004. Respondent’s mother, Pam Bryan, was the State’s first witness. She testified that she observed a greenish bruise on KR.’s chest when he was about six weeks old. Respondent told Bryan that Todd may have grabbed the baby too hard. About a month later, Bryan observed a greenish discoloration on all of the nail beds on one of KR.’s hands. Respondent told her the baby’s fingers got smashed, but she did not know how. She said the dog may have stepped on them. Subsequently, on December 5, 2003, respondent telephoned Bryan to tell her that something was wrong with K.R. Bryan told respondent to take him to the hospital. She said she could hear Todd in the background, saying that the baby was not hurt that bad and they did not need to take him to the hospital.

Bryan further related that respondent had telephoned her on prior occasions, when Todd pushed her down the basement stairs while she was pregnant and when he “body slammed” her following tubal ligation. Bryan said that respondent subsequently told her that Todd had not pushed her down the stairs, but only pushed her against a door.

Respondent’s sister, Anna Johnston, testified that she saw K.R. and respondent at the hospital on December 6, 2003. She said respondent asked her to stay with K.R. while she and Todd went home to clean up the marijuana and paraphernalia in the house. Before respondent and Todd could leave, the police arrived at the hospital and ordered them to return to K.R.’s room. Johnston subsequently overheard respondent ask a friend who was with her in KR.’s room to remove the contraband from the house.

Peoria police detective Kerrie Davis testified that she interviewed respondent at the police station on the afternoon of December 6, 2003, after receiving a report from the hospital that K.R. had a “bucket handle” fracture of the left tibia. Respondent told her that Todd watched K.R. while she worked from 8 p.m. on December 4 until 3 or 4 a.m. the next morning. Respondent said K.R. was fine when she left for work, but Todd told her when she got home that K.R. had been unusually fussy that night. Later, when respondent changed K.R.’s diaper, he screamed. Respondent noticed that K.R.’s left leg was shiny, swollen and hot to the touch. Respondent asked Todd what had happened to the baby’s leg, and he told her he had not noticed anything wrong. When respondent’s ride arrived to take her to work, respondent asked him if he thought the baby should be taken to the hospital. He thought it was a good idea. Respondent then telephoned her mother, and her mother also said the baby should be taken to the hospital. Respondent said she told hospital personnel that K.R. did not roll over by himself, so she did not believe he had fallen. She opined that the dog was jealous of him. However, there were no bite marks to account for a bite infection. Respondent then suggested that Todd had “played a game” by pulling KR.’s foot up to his mouth. She denied, however, that the baby had cried out as if the “game” hurt him.

Davis subsequently interviewed Todd. Todd related that K.R. had been unusually fussy the night of December 4-5. He could not be comforted and did not fall asleep until after midnight. Todd said he did not notice anything unusual about the baby’s leg the next morning. He initially had no explanation for the broken bone. After Davis asked him to try to remember what might have caused the injury, Todd related the foot-to-mouth “game.” Davis said she did not believe that the injury resulted from that activity, and she asked Todd to tell her the truth. Todd then said that he had twisted the baby’s leg while changing his diaper. Later, Todd changed his story and told Davis that he had tripped down some stairs while carrying K.R. on his shoulders. He said he grabbed one leg to keep K.R. from hitting the floor and “heard a loud pop.”

Todd admitted to Davis that he was growing marijuana plants in the home. He said he had more marijuana in his bedroom and a bong in his closet. He gave Davis permission to remove the material from the home. Both Todd and respondent admitted to Davis that they occasionally smoked pot.

Respondent testified in the State’s case. She denied that K.R. ever had a bruise on his chest, and she denied any knowledge of his broken ribs prior to receiving the hospital report. Respondent admitted making a statement to her mother that Todd may have grabbed K.R. too hard, but she attributed this to Todd being a “new daddy” unsure of how to keep the baby from slipping in the tub. Respondent also denied that Todd ever hit or pushed her when she was pregnant. Asked whether Todd “body slammed” her, respondent said that Todd had “picked [her] up and sat [her] on the couch” the day after tubal ligation surgery and that he was “somewhat” angry. Respondent said she observed the bruising on KJR.’s fingernails and asked Todd about the condition, but he denied knowing how that happened. She said that only “three and a half’ fingernails were discolored, and she opined that the dog or her five- and seven-year-old children by her first husband may have been responsible.

On cross-examination, respondent admitted that Todd had other children, but she said K.R. was the first child he had lived with. She did not believe that Todd’s caring for K.R. full-time was a problem.

The State’s last witness was respondent’s next-door neighbor, Michelle Rogers. Rogers testified that on five or six occasions, respondent had come over to use her telephone to call her mother when Todd had physically abused her. Rogers also witnessed Todd mistreating his dog when she did not obey Todd’s command to go inside. She further related that Todd had picked up a lamp and thrown it at respondent when he came home one day to find that Rogers and her sister were visiting respondent. Rogers said the lamp did not hit respondent, but almost hit K.R. To keep the situation from escalating, Rogers and her sister left the house. Rogers did not telephone the police for fear of alienating respondent. When Rogers asked respondent why she did not leave Todd, respondent said she loved him.

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Related

In Re RR
949 N.E.2d 209 (Appellate Court of Illinois, 2011)
People v. Anna R.
949 N.E.2d 209 (Appellate Court of Illinois, 2011)

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Bluebook (online)
827 N.E.2d 535, 356 Ill. App. 3d 517, 292 Ill. Dec. 1006, 2005 Ill. App. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caroline-m-illappct-2005.