People v. Edwards

586 N.E.2d 1326, 224 Ill. App. 3d 1017, 167 Ill. Dec. 54, 1992 Ill. App. LEXIS 145
CourtAppellate Court of Illinois
DecidedFebruary 4, 1992
Docket2-90-0023
StatusPublished
Cited by34 cases

This text of 586 N.E.2d 1326 (People v. Edwards) 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. Edwards, 586 N.E.2d 1326, 224 Ill. App. 3d 1017, 167 Ill. Dec. 54, 1992 Ill. App. LEXIS 145 (Ill. Ct. App. 1992).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Defendant, James Robert Edwards, appeals from his conviction of aggravated criminal sexual assault. Following a bench trial in the circuit court of Kane County, defendant was sentenced to 15 years’ imprisonment. The issues presented for review are whether: (1) the court abused its discretion when it found the five-year-old victim competent to testify about events that occurred at age three; (2) the court erred in barring expert testimony offered by defendant; (3) the admission of certain out-of-court statements violated the ex post facto clause; (4) the court erred in admitting hearsay; and (5) the court relied on an improper factor when sentencing defendant. We affirm in part, vacate in part, and remand.

Defendant was charged with aggravated criminal sexual assault. (Ill. Rev. Stat. 1987, ch. 38, par. 12—14(b)(1).) The indictment alleged that between September 1987 and January 1988 defendant committed an act of sexual anal penetration with his son, RBL, who was under 13 years of age when the act was committed.

RBL was bom to defendant and his wife, JL, on August 20, 1984. Defendant and JL were divorced in January 1986; JL married again in February 1986. After the divorce, RBL lived with JL. Under the terms of the divorce decree, defendant had rights to visitation with RBL.

On direct, JL testified that RBL developed unusual behaviors around the end of 1986 and early 1987. According to JL, RBL masturbated excessively, was obsessed with being naked, and would smash his penis up against the faces of people on television. RBL would also wake up in the middle of the night vomiting or having nightmares. He complained of stomachaches and had problems with bowel movements. He would refuse to eat for days at a time and then eat until he vomited. JL further testified that RBL acted in a sexual manner with other children. She caught him fondling them several times. Sometimes he put tape on his penis and rectum. RBL would also push JL’s head down towards his penis and say, “go ahead and taste it Mommy, it’s okay.”

JL asserted that, during the period between September 1987 and January 1988, RBL was reluctant to go with defendant when he came to exercise his visitation rights. JL testified that on these occasions RBL would lock himself in his room, or hide between JL’s legs, or curl up in a fetal position and say that “Daddy Jim” was mean to him. During this period of time, RBL referred to defendant as “Daddy Jim.” Upon his return from visitation with defendant, RBL would be lethargic, or he would bang his head, kick, spit, cry, punch, pull his hair or call JL a bitch or a whore. Defendant denied that JL ever spoke to him about RBL’s problems, and defendant denied that RBL was ever reluctant to accompany defendant on visitation days.

In January 1988, JL took RBL to see his pediatrician, Dr. Khoka. By this time it was apparent that RBL was suffering from a case of venereal warts on his rectum, a condition commonly caused by sexual contact. On Dr. Khoka’s advice, JL had RBL examined for learning disabilities. Based on the results of this evaluation, JL spoke with a social worker who determined that RBL showed signs of having been physically abused.

On or around February 2, 1988, a Department of Children and Family Services (DCFS) worker, Mary Ellen Schaid, and Sergeant Wayne Fieroh of the Illinois State Police went to JL’s home and spoke with RBL. JL was not present during this interview. During the interview, RBL indicated that he and defendant had “bad secrets.” RBL refused to explain himself further.

On February 4, 1988, RBL was admitted to the child development program at Mercy Center in Aurora. During his stay, RBL was under the care of Marjorie Foreman, a psychiatrist. In treating RBL, Dr. Foreman relied upon the history provided by JL. JL explained that she had been concerned about RBL’s welfare for about a year prior to his admission and that she consulted a lawyer during that year to see about discontinuing defendant’s visitation rights.

At the outset of RBL’s hospitalization, Foreman informed JL that the staff was not there to get information about the abuse and that it would be inappropriate to ask RBL specific questions about the abuse. Sometime during RBL’s stay, Dr. Foreman had to ask JL to focus on therapeutic issues rather than on her attempts to prove what happened between RBL and defendant.

An examination performed by a medical doctor at Mercy revealed that RBL suffered from venereal warts and abnormally loose sphincter tone. RBL also had a scar resulting from a tear in the skin surrounding his rectum.

JL testified that after RBL was released from Mercy Center on March 21, 1988, he began seeing Tina Grossman, a therapist who specialized in treating and evaluating child sexual abuse. RBL’s first session with Grossman was on March 27, 1988. After that, he saw her regularly for one-hour sessions, two times a week. Six months preceding the trial, Grossman changed the sessions to two-hour sessions, one time a week.

RBL testified at trial that he had seen Grossman hundreds of times. During his therapy, RBL stabbed a “Daddy Jim” doll with a play knife. RBL also stepped on the “Daddy Jim” doll and picked it up and threw it down with Grossman’s help. RBL testified that he talked about what “Daddy Jim” did to him each time he went to Grossman’s. RBL also had the opportunity to mark the “Daddy Jim” doll with imitation blood. In addition, it is apparent that RBL recreated the abusive acts using a “[RBL] doll” and a “Daddy Jim doll.”

Sergeant Fieroh conducted further interviews with RBL on March 31, 1988. JL briefed Fieroh on RBL’s behaviors up to that point in time. Fieroh’s questions focused on these behaviors and on RBL’s relationship with defendant.

In November 1988, RBL wrapped an electrical cord around his neck and jumped off his dresser. He said he just wanted to die. In February 1989, RBL was standing naked in the living room with his belt wrapped around his neck. His face was blue, and his tongue was hanging out. He said he had to die because he had told bad secrets. Thereafter, RBL was hospitalized for six weeks at Lutheran General Hospital and was released sometime in March 1989.

Defendant testified that he never talked to RBL about bad secrets, that he never threatened to hurt JL if RBL told bad secrets, that he never physically or sexually abused RBL, and that he (defendant) was never physically or sexually abused. Defendant was found guilty after a bench trial. He was given a 15-year sentence for having committed a Class X felony, for which a sentence of not less than six years or more than 30 years must be imposed. Ill. Rev. Stat. 1987, ch. 38, par. 1005-8-1(a)(3).

Defendant first contends that the trial court abused its discretion when it allowed five-year-old RBL to testify about events that occurred when he was three. Defendant argues that the court incorrectly looked to RBL’s present ability to testify rather than his ability to perceive and testify at the date the events occurred.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 1326, 224 Ill. App. 3d 1017, 167 Ill. Dec. 54, 1992 Ill. App. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-edwards-illappct-1992.