People v. Eckert

551 N.E.2d 820, 194 Ill. App. 3d 667, 141 Ill. Dec. 633, 1990 Ill. App. LEXIS 285
CourtAppellate Court of Illinois
DecidedMarch 2, 1990
Docket5-87-0371
StatusPublished
Cited by48 cases

This text of 551 N.E.2d 820 (People v. Eckert) 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. Eckert, 551 N.E.2d 820, 194 Ill. App. 3d 667, 141 Ill. Dec. 633, 1990 Ill. App. LEXIS 285 (Ill. Ct. App. 1990).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court;

After trial before a jury in the criminal court of St. Clair County, Elmer Eckert was found guilty of two counts of aggravated criminal sexual assault and sentenced to serve 14 years’ imprisonment concurrently on each count.

The victim in this case was defendant’s 13-year-old daughter. The victim testified at trial that the defendant first sexually assaulted her when she was in the fourth or fifth grade. She did not report this incident to her mother because her father warned her not to, and because she feared her mother would not believe her. It wasn’t until the summer of 1985 that she told her mother that the defendant was abusing her. The child testified that in the summer of 1985 the defendant assaulted her twice in their home. The first incident involved the defendant putting his penis in the victim’s mouth, feeling her breasts and putting his finger in the child’s vagina. The second assault occurred when the defendant stuck his penis in the victim’s mouth, moving it back and forth.

Defense counsel on cross-examination of the witness asked questions to elicit whether the child believed her father was too much a disciplinarian, that he drank too much and fought with her mother to the point that the child felt life would be more peaceful had her father not been there. The State objected to such questions, and the following discourse ensued:

“Q. Okay. Now, did your father also in the summer of ’85, did your father also accuse you and your brother of taking some money from him?
A. Yes.
Q. He accused you of taking approximately, what, a hundred dollars worth of change? If I’m wrong, just tell me I’m wrong.
A. Huh-uh.
Q. What did he accuse you of about the money?
A. Just — .
MS. FRANKE: Your Honor, I’m going to object again, number one, it’s beyond the scope of direct examination and it’s irrelevant.
THE COURT: Beyond the scope of direct examination.
MR. STORMENT: May I approach the bench? May we—
THE COURT: (indicates negatively)
MR. STORMENT: I can’t approach the bench?
THE COURT: Come on, Paul, I’ve tried cases too, ask the girl the questions.
Q. (by Mr. Storment) During this course of the summer of ’85, did he also, when he got mad, did he also say there wasn’t going to be any Christmas?
A. I can’t remember.
Q. You can’t remember that? Did your mother say — did your mother indicate that she was going to buy you bicycles for Christmas?
A. Yes.
Q. And did he say that you weren’t going to get any bicycles for Christmas?
A. Yes.
Q. Now, in the summer of ’85, did you think in your mind-now, again, we need to know, we need for you to tell us the truth, and I need to ask you these questions. In the summer of ’85, did you feel like that life would be more peaceful if your father wasn’t there?
MS. FRANKE: I object to that, Your Honor.
MR. STORMENT: This is — Your Honor.
THE COURT: Objection will be sustained.
MR. STORMENT: I’ll have to make an offer of proof. Can we approach the bench for an offer of proof?
THE COURT: Proceed.
MR. STORMENT: Your Honor, I’d like to make an offer of proof. I need to make an offer of proof. I’m trying to defend a person whose [sic] accused of a serious crime. I have to make an offer of proof at this time. If you are sustaining the objection, I need to make an offer of proof.
THE COURT: Paul, the direct examination took about thirty minutes, you’ve taken an hour so far. Sit down. Go back to the cross examination properly.
MR. STORMENT: May I please make an offer of proof?
THE COURT: No, you can’t approach the bench. I don’t want you up here.
MR. STORMENT: Can I make an offer of proof?
THE COURT: Turned off my hearing aid, can’t hear a word you are saying.
MR. STORMENT: Then I’d like to ask the question again. Do you think life would have been more peaceful had your father not been present in the home?
MS. FRANKE: I object, Your Honor.
THE COURT: Why?
MS. FRANKE: He asked the same question that has previously been sustained.
MR. STORMENT: This is my defense to the case.
THE COURT: It’s very easy to cross examine her. She has testified to certain things. You have a right to ask her about those things. You don’t have the right to go back into the whole life span of the child. Get to the pertinent points.
MR. STORMENT: I merely asked her one question. Well, can I ask her — did you want your father to leave the home?
A. I don’t know.
Q. Is life more peaceful now that your father is not there?
MS. FRANKE: I object to that question, Your Honor.
MR. STORMENT: This is my entire defense, Your Honor.
THE COURT: To what? You object to what?
MS. FRANKE: The question he asked, whether or not life is more peaceful in the home now without her father.
THE COURT: What does that have to do with the charge?
MS. FRANKE: That’s my objection, Your Honor.
THE COURT: All right. It will be sustained.
MR. STORMENT: Your Honor, I think I have to protect the record and make an offer of proof. I think it’s a matter of right for this defendant to make an offer of proof in this case.
THE COURT: Paul, I’m deaf and getting deafer.”

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Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 820, 194 Ill. App. 3d 667, 141 Ill. Dec. 633, 1990 Ill. App. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-eckert-illappct-1990.