People v. C.H.

603 N.E.2d 1280, 237 Ill. App. 3d 462, 177 Ill. Dec. 906, 1992 Ill. App. LEXIS 1878
CourtAppellate Court of Illinois
DecidedNovember 20, 1992
Docket2-90-1379
StatusPublished
Cited by28 cases

This text of 603 N.E.2d 1280 (People v. C.H.) 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. C.H., 603 N.E.2d 1280, 237 Ill. App. 3d 462, 177 Ill. Dec. 906, 1992 Ill. App. LEXIS 1878 (Ill. Ct. App. 1992).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

After a bench trial, the circuit court of Du Page County convicted defendant, C.H., of aggravated criminal sexual abuse (Ill. Rev. Stat. 1991, ch. 38, par. 12—16(b)). The court sentenced defendant to 30 months’ probation, including six months’ work release. Defendant appeals, contending that (1) his rights to due process and to confront witnesses were denied when the trial court permitted a Department of Children and Family Services (DCFS) investigator to testify regarding her interview with the victim; (2) the State failed to prove him guilty beyond a reasonable doubt; and (3) he was denied the effective assistance of counsel where his trial counsel failed to request a hearing to determine the competency of the minor witnesses and failed to object to certain allegedly improper questions.

The victim was defendant’s stepdaughter, A.B., who was 10 years old at the time of trial. She testified that defendant would read bedtime stories to her and her sister, E.B. Defendant would sit on the bed between the girls. While reading the stories, defendant would sometimes rub A.B.’s stomach. Sometimes he would touch her on her “bottom” underneath her clothes. She described her “bottom” as “right below the back bone” and the part of her body which she uses to “go to the bathroom.”

A.B. further testified that sometimes she would get up and pretend to go to the bathroom in hopes of avoiding further touching. Once her mother became suspicious and asked her whether defendant had been touching her. She told her mother that he had only touched her on her stomach. She said this because she was embarrassed and afraid.

E.B. also testified that defendant would read stories to her and her sister. Sometimes A.B. would get up and go to the bathroom during the stories.

D.H. testified that she is defendant’s wife and A.B.’s mother. One night in August 1988, she saw defendant sitting on the side of the bed next to A.B., with his hand on her bare thigh. After discussing this incident with her counselor, she told defendant that she thought his actions were inappropriate. On another occasion, she walked into the bedroom while defendant was reading to the children. A.B. jumped out from under the covers and said, “No, mommy, nothing is happening here.” A.B. appeared extremely upset. She was quivering, very tense and nervous.

The following day, she questioned A.B. about the incident. A.B. said only that “[C.H.] was rubbing her tummy.”

She subsequently brought defendant to see her counselor, Dr. Schwab, to discuss the incident with A.B. Defendant admitted that he rubbed A.B.’s stomach, but denied touching her improperly.

D.H. testified that on September 1, 1989, she and defendant were sleeping apart and had been for some time. During the early morning hours, defendant twice entered the room where she slept and woke her up. He told her that he was disappointed that her counseling was not going well, that her “attitude problem” was the source of their problems, and that she should apologize to him for taking him to Dr. Schwab. The second time, he told her that A.B. should apologize to him also.

That evening, D.H. went to the police station. She had previously obtained an order of protection against defendant which prohibited him from harassing her. She felt that he had violated the order of protection the previous night. At the police station, she talked to Officer Juliet Fabbri. During the interview, Fabbri suggested that D.H. return to the police station with her children, so that they could be interviewed by a DCFS investigator.

D.H. stated that she did subsequently return to the police station with her children. A.B. was interviewed by MaryEllen Schaid of DCFS. She and her children then spent the night at a shelter for battered women.

D.H. recalled that on September 15, 1989, she arranged to meet defendant at the library to discuss the sale of their home. She said that she felt the money in the parties’ savings, accounts should go toward the down payment on a new home for her and her daughters. Defendant replied that none of the funds in the savings accounts could go toward finding a new home. She asked him why and he said, “Because.”

D.H. then asked defendant, “Are you telling me that [A.B.] lied?”

Defendant leaned over the table and said, “No, she didn’t, but I can’t go to jail.” Later, outside the library, he said, “Do you know what they do to child molesters in prison?”

D.H. also stated that defendant’s former wife had told her about incidents of alleged sexual abuse involving defendant’s natural children.

MaryEllen Schaid testified about her interview with A.B. at the police station. Defendant objected to her testimony and requested that the court conduct a hearing pursuant to section 115—10 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1989, ch. 38, par. 115—10) to determine whether the circumstances surrounding A.B.’s statements to Schaid demonstrated sufficiently the reliability of those statements. The court stated that since it was a bench trial, he would allow Schaid to testify. At the conclusion of her testimony he would rule on the admissibility of the victim’s statements to Schaid. Defense counsel acquiesced in this procedure.

Schaid testified that on September 1, 1989, she interviewed A.B. in a private room at the police station. The interview was not taped. She identified herself as someone who “talked to children when they got hurt or got touched by people” and said that “sometimes some of the kids I talk to get touched on their private parts.” She asked A.B. if she had ever been touched on her private parts. A.B. said that she had. She said that the touching had occurred “lots of times” and that the most recent time was approximately two weeks prior to the interview.

Schaid and her partner, James Grady, also interviewed defendant at his home. Defendant admitted that he would rub A.B.’s stomach under her clothes. He explained that he had a “target zone” and that he might have missed it on at least one occasion. He recalled one instance in which he touched A.B.’s “pubic bone” and did not remove his hand immediately.

Grady’s testimony was similar to Schaid’s regarding his interview with defendant. Grady added that as he and Schaid were leaving defendant’s house, defendant said that “he felt like he could go upstairs and cry when he thinks about what he did to [A.B.] mentally.”

The next day, the court heard arguments from counsel regarding the admissibility of Schaid’s testimony concerning her interview with A.B. After the arguments the court stated:

“The statute provides that the Court can allow the statement into evidence, if the court finds at the time, contact and circumstances surrounding the statement provide sufficient safeguards of reliability and the child who allegedly made the purported statement testifies at the hearing.

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Cite This Page — Counsel Stack

Bluebook (online)
603 N.E.2d 1280, 237 Ill. App. 3d 462, 177 Ill. Dec. 906, 1992 Ill. App. LEXIS 1878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ch-illappct-1992.