People v. Downin

828 N.E.2d 341, 357 Ill. App. 3d 193, 293 Ill. Dec. 371, 2005 Ill. App. LEXIS 402
CourtAppellate Court of Illinois
DecidedApril 29, 2005
Docket3-03-0671
StatusPublished
Cited by52 cases

This text of 828 N.E.2d 341 (People v. Downin) 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. Downin, 828 N.E.2d 341, 357 Ill. App. 3d 193, 293 Ill. Dec. 371, 2005 Ill. App. LEXIS 402 (Ill. Ct. App. 2005).

Opinion

JUSTICE O’BRIEN

delivered the opinion of the court:

Following a bench trial, defendant Nicholas Downin was found guilty of three counts of aggravated criminal sexual abuse. 720 ILCS 5/12 — 16(d) (West 2002). The court sentenced Downin to a 60-day term of incarceration, a $1,000 fine, and a 30-month term of probation. Downin appeals his conviction and sentence. We affirm the trial court.

FACTS

Defendant Nicholas Downin was charged under the Illinois Criminal Code of 1961 (the Code) with nine counts of aggravated criminal sexual abuse. 720 ILCS 5/12 — 16(d) (West 2002). The counts alleged that when Downin was at least 5 years older than the alleged victim, Jennifer, who was at the time at least 13 years of age, but under 17 years of age, Downin had sexual intercourse with Jennifer on several different occasions. A bench trial was held and the following testimony presented.

Jennifer testified she first met Downin in an Internet chat room when she was 15 years old. She communicated with him through the address niekd@galesburg.net. In February of 2000, Jennifer met Downin in person when he came to her house. Jennifer stated that initially she and Downin treated each other as brother and sister; however, their feelings toward each other began to change the week of January 17, 2001. Jennifer testified she and Downin first had sexual intercourse in her bedroom on January 24, 2001, sometime after midnight. Jennifer stated with specificity several other dates on which she and Downin had sexual intercourse, including January 25, 2001, in her home. Jennifer further testified to intercourse with Downin on January 26, 27, 28, 29, and February 4, 8, and 10, 2001. The intercourse of January 26 took place in Downin’s home in the afternoon after Downin picked Jennifer up from school using his mother’s car. Jennifer testified that the other incidents that occurred in her home took place generally around midnight, sometimes in front of the fireplace. Jennifer stated that during the time she had a sexual relationship with Downin her dad usually slept in the living room. Jennifer stated the room was fairly large and her father’s bed was located on the far wall about 15 feet from the fireplace. Jennifer testified that her father would generally go to sleep around 9 or 10 o’clock. Jennifer stated her father had a sleeping disorder and “[h]e was out as soon as he fell asleep.” Jennifer testified her mother would sometimes stay awake until 2 or 3 o’clock in the morning. Her mother slept in a bedroom separated from Jennifer’s bedroom by a connecting bathroom. Jennifer habitually kept the door to her bedroom closed.

Jennifer stated she was aware of the dates she and Downin had sexual intercourse because she noted the incidents as they occurred in a calendar she later provided to Knox County sheriffs deputy David Caslin. The calendar was introduced as evidence. Jennifer testified that an entry in her calendar on the date of February 7, 2001, indicated her cat had died. Jennifer stated this event was significant in her life and she recalled Downin was present in her home on that date and comforted her in front of her mother. Jennifer stated that in mid-February, her mother discovered the sexual nature of her relationship with Downin and forbade Jennifer from seeing him again. Jennifer continued to have contact with Downin via e-mail and telephone. The e-mail address she used to reach Downin was the same one through which she had always contacted him.

Jennifer testified that after her mother contacted them, Jennifer provided the police two pairs of underwear she had worn on days she had intercourse with Downin. Jennifer testified she was still in possession of her soiled underwear because her room was messy and she gathered laundry on an as-needed basis. Forensic experts testified that the DNA profile of a sperm sample on one of the pairs of underwear matched the DNA profile of Downin. DNA on the same pair of underwear also matched Jennifer’s profile. Jennifer later met with Deputy Caslin and at his instigation sent an e-mail to Downin. Jennifer testified she received no notification that the e-mail had been improperly transmitted. A copy of her communication was introduced as evidence. Also introduced was a copy of a transmission Jennifer testified was the response to her e-mail that she received from Down-in’s e-mail address. Jennifer testified this communication was responsive to her e-mail and contained information that would be known exclusively to Downin. At trial, Jennifer read from the copies of the e-mail transmissions. In the e-mail that Caslin prompted, Jennifer indicated she was under a lot of stress and was considering telling her mother about the sexual relationship. She requested that the recipient let her know his thoughts. The response e-mail contained admissions of a sexual relationship.

Jennifer testified that from January of 2000 to the date of trial she suffered from depression for which she had seen a psychologist and had been prescribed medication. She could not recall if she had been consistently taking her medication during January and February of 2001. Jennifer testified that Downin’s family kept their front door unlocked. She denied removing a used condom from Downin’s house or telling Summer Knuth that she had done so. Jennifer also denied speaking to Ashley Giles about a movie titled “Crush.” Jennifer admitted using Downin’s user name and password to access the Internet during a time when her parents had denied her access.

Dave Caslin of the Knox County sheriffs department testified that he met with Jennifer on April 12, 2001, to investigate allegations of criminal sexual abuse against Nicholas Downin. During his investigation, Caslin determined that in January and February of 2001, Downin was 22 years and 3 months of age and Jennifer was 16 years and 3 months of age. The difference in their ages was six years and one month. After meeting with Jennifer, Caslin requested she attempt to communicate with Downin via e-mail, a method of communication Caslin testified he understood the two had used in the past. Caslin provided Jennifer with access to the Internet through a computer located in the public safety building where they met. Caslin identified a printout of an e-mail communication he testified he observed Jennifer send to the address, nickd@galesburg.net, an address Jennifer provided. Caslin identified a printout of an e-mail response forwarded to him via e-mail from Jennifer. Caslin also identified a calendar he received from Jennifer. Caslin testfied he did not confiscate either Jennifer’s or Nicholas’ computer.

Jennifer’s mother, Joanne, testified. Joanne stated that Jennifer’s birth date was November 24, 1984. Joanne testified that she met Downin in the fall of 2000 when Jennifer was 15 years old and Downin was about to turn 22 years old. Joanne testified that she told Downin at the time that because of their age differences, Downin and Jennifer could only be friends. Thereafter, Downin spent a considerable amount of time at Joanne’s home. Joanne characterized his relationship with Jennifer as initially like brother and sister. Around the end of February of 2001, Joanne became concerned about the nature of Downin and Jennifer’s relationship. Her concern was based on her observation of Downin’s change in behavior toward Jennifer.

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Cite This Page — Counsel Stack

Bluebook (online)
828 N.E.2d 341, 357 Ill. App. 3d 193, 293 Ill. Dec. 371, 2005 Ill. App. LEXIS 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-downin-illappct-2005.