People v. Davis

631 N.E.2d 392, 260 Ill. App. 3d 176, 197 Ill. Dec. 389, 1994 Ill. App. LEXIS 393
Appellate Court of Illinois·Decided March 25, 1994·No. 2-92-1070·Published·Cited by 48 cases

Opinion

JUSTICE COLWELL

delivered the opinion of the court:

After a bench trial, defendant, Lloyd R. Davis, was convicted of 5 counts of criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12—13(a)(4) (now 720 ILCS 5/12—13(a)(4) (West 1992))), 10 counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1991, ch. 38, pars. 12—16(d), (f) (now 720 ILCS 5/12—16(d), (f) (West 1992))), and 9 counts of child pornography (Ill. Rev. Stat. 1991, ch. 38, pars. 11—20.1(a)(3), (a)(4), (a)(5) (now 720 ILCS 5/11—20.1(a)(3), (a)(4), (a)(5) (West 1992))). The trial court sentenced defendant to consecutive sentences totaling 31 years in the Department of Corrections. Defendant appeals, alleging (1) that the State failed to prove him guilty beyond a reasonable doubt, (2) that the trial court erred in allowing "other acts” testimony, (3) that the trial court erred in finding that defendant produced a live performance of child pornography involving a minor, and (4) that the trial court abused its discretion in sentencing defendant. We affirm in part and reverse in part.

Defendant is the head pastor or "bishop” of the Christian Fellowship Church (Church), which is based in Waukegan, Illinois, and has several branches worldwide, including San Diego, California; Norfolk, Virginia; and Tijuana, Mexico. A Lake County indictment alleged that defendant participated in various forms of sexual activity with two minors, A.C. and C.L., while both minors were members of the Church. Defendant waived a jury trial and his bench trial commenced on June 22, 1992.

A.C. testified at trial that he was born June 24, 1974, in Los Angeles, California. In July 1987, A.C. was selling goods on Revolución Avenue in Tijuana, Mexico, when he was approached by defendant, Scott Morehouse, Chuck Thompson, David Armstrong, and other members of the Church. Defendant and the others talked to A.C. about their church and took him to lunch. A.C. made plans with defendant’s group to be baptized at the San Diego branch of the Church. A.C. then returned to work.

A.C. became friends with another boy named C.L., who also worked on Revolución Avenue. C.L. had already been baptized in the Church. A.C. and C.L. eventually crossed the border to visit the Church in San Diego, where A.C. was then baptized. A.C. moved up to San Diego during the summer of 1987 to live in a house owned by the Church. A.C. lived in the Church house and attended school until the spring of 1988.

Defendant visited the Church in San Diego a few times during this period. A.C. testified that defendant would call A.C. into his office and ask him if he masturbated. Defendant told A.C. that masturbation was not a sin because it kept one from having sex with women and fornication was a bad sin. Defendant would often hold A.C.’s leg close to the knee. A.C. said that defendant grabbed A.C.’s crotch while they were at a hotel in San Diego. A.C. said he thought defendant was testing him.

Defendant asked A.C. if he wanted to visit the "mother Church” in Chicago. A.C. said he wanted to go because he thought he was doing a "good thing for God” and he felt privileged that defendant had asked him. A.C. came to Waukegan in the summer of 1988. A.C. stayed at the Church office on O’Plaine Road in Waukegan. Defendant continued to talk to A.C. about sexual matters. Defendant asked A.C. if he would like to visit the Church in Norfolk, Virginia. A.C. said yes because he thought it would be a privilege. Defendant then asked A.C. if he wanted to masturbate with him. When A.C. did not respond, defendant pulled A.C. over to a couch, pulled A.C.’s pants down, and stroked A.C.’s penis. Defendant then performed fellatio on A.C. After A.C. ejaculated, defendant gave him a paper towel from his desk and said "God forgive me.” Defendant then took A.C. to a store and bought him a watch.

A day or two later defendant called A.C. to his office again. Defendant took his clothes off and produced a large pillow from the closet which he put on the floor. Defendant and A.C. then sat on the pillow. Defendant had A.C. hold defendant’s penis and defendant performed fellatio on A.C. again. On the third occasion, defendant brought another minister, Chuck Thompson, up to the office with A.C. Defendant was lying on the large pillow on the floor in his underwear. He repeatedly grabbed for A.C.’s buttocks and crotch in front of Chuck Thompson but A.C. became upset and left the room.

On another occasion A.C. was in the office with defendant lying on the ground. Defendant again performed fellatio on A.C. and then got Vaseline lotion and paper towels out from his desk drawer. Defendant put the Vaseline on his anus and gave A.C. some to rub on his penis. Defendant instructed A.C. to perform anal sex on defendant but A.C. was unable to finish because defendant said it hurt him. Defendant told A.C. to put his knees on a chair facing the back of the chair. Defendant then applied more Vaseline onto A.C.’s anus and performed anal sex on A.C.

Defendant’s sexual acts with A.C. continued during the summer. A.C. also had sex with other members of the Church many times. Defendant was always present when this occurred. A.C. said it was defendant’s idea that A.C. have sex with Michael Garner, another Church member. Defendant told Garner to perform oral sex on A.C. while defendant watched and masturbated. Garner also performed fellatio on defendant. On another occasion defendant instructed David Armstrong, another Church member, to perform fellatio on A.C. while A.C. did the same to Armstrong. Defendant then performed oral sex on A.C.

A.C. testified that defendant performed sexual acts with him at the "mother Church” on Belvidere Road in Waukegan during the summer of 1988. One incident involved A.C., defendant, and another man whose name A.C. could not recall. The three men each performed oral sex on one another in the Church office.

A.C. said that there were many incidents when several men were present for sexual acts with A.C. and defendant. A.C. recalled one occasion when seven or eight men were in the office on O’Plaine Road. Defendant controlled the situation and would direct the people as to what he wanted them to do sexually. A.C. described the scene as a "big naked party.”

A.C. traveled to Norfolk with defendant during the summer of 1988. A.C. testified that several sexual episodes occurred during this trip. On one occasion, defendant directed A.C. to apply Vaseline and perform anal sex on Daniel Lantis, the pastor at the Church in San Diego. Defendant watched and masturbated during this time.

Defendant told A.C. that homosexuality was a sin, but the acts they were performing were no different than masturbation and were not sinful if there was no lust between the men. A.C. testified that defendant wore a wig and has false teeth. He said defendant wore white brief-type underwear. A.C. recalled that defendant was uncircumcised and had white and brown pubic hair. He also noted that defendant had a purplish rash around his inner thigh and white spots on his legs. Defendant never wore a condom. Defendant would say, "I’m going to get ya” when he referred to anal sex.

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People v. Davis, 631 N.E.2d 392, 260 Ill. App. 3d 176, 197 Ill. Dec. 389, 1994 Ill. App. LEXIS 393 (Ill. Ct. App. 1994).

631 N.E.2d 392 (People v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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