People v. Carter

614 N.E.2d 452, 244 Ill. App. 3d 792, 185 Ill. Dec. 318, 1993 Ill. App. LEXIS 542
Appellate Court of Illinois·Decided April 16, 1993·No. 1-89-3392·Published·Cited by 13 cases

Opinion

JUSTICE McNULTY

delivered the opinion of the court:

Following a jury trial, defendant Richard Carter was found guilty of criminal sexual assault and aggravated criminal sexual assault and sentenced to an extended term of 46 years in the Illinois Department of Corrections. In appealing this conviction defendant alleges that the trial court erred in allowing the use of anatomical dolls; that imper-missive corroborative hearsay statements were admitted; that he was not proven guilty beyond a reasonable doubt; that the jury instructions did not enumerate the specific sexual acts; and that the trial judge erred in considering the victim’s age as a factor to enhance defendant’s sentences.

Defendant did not testify at trial, and the following testimony was adduced by the State.

1. TESTIMONY OF THE ALLEGED VICTIM, L.C.

On October 16, 1989, a competency hearing was held, in which the judge determined that based on the fact that L.C. had the ability to recollect events with detail, and understood the difference between telling a lie and telling the truth, she was competent within the law. At trial, five-year-old L.C. testified that on July 30, 1988, a man (whom she later identified at a police lineup as “Quiro” — the Spanish name for a white person with light hair) called her into the yard next door to her house, took her hand and pushed her into the basement of another neighbor’s house. While in the basement, the man allegedly pulled down L.C.’s pants, unzipped his own pants and inserted his finger into her vagina. She further testified that this person put his penis into her mouth after which she pulled up her pants. (Over defense objection, the State used an anatomical male doll to demonstrate that L.C. could correctly identify the body parts.) L.C. further testified that she had told her sister, Mayra C., and her mother, Magdalena E, what had happened to her. These witnesses testified at trial (over defense objections) to their conversations with the alleged victim.

2. TESTIMONY OF MAYRA C.

Following a competency hearing, Mayra C., L.C.’s seven-year-old sister, said that when she and L.C. were playing on July 31, 1988, the day after the alleged incident, L.C. told her that “he done something down here, some guy.” Mayra also testified that on August 1, 1988, on the way home from the park, L.C. again spoke about what had happened to her. At this time, L.C. allegedly said that “he said if she wanted gum and she took it and he pulled her hand to the next door from, not his house, to [s-ic] another house.” The State then asked Mayra whom L.C. had been talking about and, over a sustained objection, Mayra answered “Ricardo.” Additionally, Mayra testified that L.C. told her “that he pulled her shorts down *** took out his penis *** put his finger in her vagina *** and put his penis in her mouth.”

3. TESTIMONY OF MAGDALENA F.

Magdalena, the mother of L.C. and Mayra, testified that on July 30, 1988 (the day of the alleged incident), she saw L.C. on the back porch crying. L.C. made no statements to her at that time. Later, on August 1, 1988, when Magdalena took her daughters and her nieces to the park, she heard L.C. “telling my nieces that the Quiro had grabbed her, that he had given her gum. He asked her if she wanted a ride. He had pulled down her shorts, her underwear, and that he put his penis in her mouth and the finger, he put it in her vagina.”

4. TESTIMONY OF DR. GONZALEZ

Dr. Gonzalez, an-emergency room physician at St. Mary’s Hospital, testified that he examined L.C. in the early morning hours of August 2, 1988, and that L.C. had an “inflammation of the genital area.” The cause of the inflammation was unknown and the tests indicated no presence of semen. Dr. Gonzalez stated that L.C. said only “that a man put his finger on her genitals.”

5. TESTIMONY OF OFFICER CORONA

Officer Corona testified that he interviewed L.C. and her mother at the police station and that he took them to St. Mary’s Hospital. Cross-examination elicited the fact that while Officer Corona spoke directly to L.C., it was the mother who responded to him. The officer credited this to the fact that the child was very shy.

On appeal, defendant first argues that the court erred in denying his pretrial motion to exclude the use of anatomical dolls during trial. He contends that the use of these dolls was prejudicial and also unnecessary as L.C. was able to identify correctly the body parts without any such demonstrative aids. During the voir dire to determine L.C.’s competency to testify, the court also asked the State to show how it intended to use the dolls at trial. In response to the prosecutor’s questions, L.C. identified the body parts correctly with the exception of using the word “peanuts” for penis and referring to the posterior as “tail.” Based on this examination, the trial judge determined (over defense objection) that the limited use of the dolls was indicated. However, at trial, during direct examination, L.C. used correct terminology for the body parts at issue. When the State attempted to introduce the dolls, the defense renewed its objection based on the fact that the testimony of the witness was clear and unambiguous. The court, however, allowed the dolls to be introduced as an appropriate way of verifying L.C.’s testimony.

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People v. Carter, 614 N.E.2d 452, 244 Ill. App. 3d 792, 185 Ill. Dec. 318, 1993 Ill. App. LEXIS 542 (Ill. Ct. App. 1993).

614 N.E.2d 452 (People v. Carter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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