People v. Galvin

566 N.E.2d 371, 207 Ill. App. 3d 713, 152 Ill. Dec. 684, 1990 Ill. App. LEXIS 1907
CourtAppellate Court of Illinois
DecidedDecember 20, 1990
Docket1-89-0846
StatusPublished
Cited by1 cases

This text of 566 N.E.2d 371 (People v. Galvin) 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. Galvin, 566 N.E.2d 371, 207 Ill. App. 3d 713, 152 Ill. Dec. 684, 1990 Ill. App. LEXIS 1907 (Ill. Ct. App. 1990).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendant, Patrick Galvin, was charged by indictment with three counts of criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12— 13), and two counts of criminal sexual abuse (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 15). Following a jury trial, defendant was found guilty of criminal sexual assault and sentenced to five years in the Illinois Department of Corrections.

On appeal, defendant contends that the evidence presented at trial was so implausible, inconsistent, and contrary to human experience as to raise a reasonable doubt as to his guilt. Defendant also alleges that he was denied a fair trial because the prosecution witness, Judith Ivins, invaded the province of the jury by vouching for the complainant’s credibility and ability to distinguish, fantasy from reality.

We affirm.

Background

The complainant is afflicted with Downs Syndrome. She had the obvious physical characteristics unique to people with Downs Syndrome including slanted eyes, a small stature, and a speech impediment. She was 28 years of age chronologically and 10 years old mentally at the time of defendant’s trial. Complainant was initially examined, in chambers, by Judge Zafiratos in order that he might determine whether she could appreciate the difference between telling the truth and telling a lie. She was found competent to testify. She then testified before the jury.

Complainant testified that she worked in the Helping Hand Thrift Shop in Brookfield, Illinois, on Saturday, February 14, 1987. She was responsible for tidying the men’s clothing section of the thrift shop, which was located in the rear section of the second floor. At 1:30 p.m., complainant was performing her usual duties in the men’s clothing section. According to the witness, defendant approached her and said, “Hi, my name is Pat.” She responded by greeting defendant and telling him her name. Defendant then touched her right shoulder and patted her buttocks. Next, defendant kissed her upon her cheek and her lips. The witness testified that she “tr[ied] to back away.” She attempted to hide in the dressing room, but defendant followed her, fondled her breasts, and kissed her again. Defendant then left.

Complainant’s mother testified that while she was driving her daughter home from the thrift shop on. February 14, 1987, complainant said that she met a new friend named Pat. She then told complainant not to speak to or kiss strangers.

On Saturday, February 28, 1987, defendant returned to the thrift shop. Complainant was working in the workroom with the door closed. The door had a sign on it which read “no admittance.” At-1:45 p.m., defendant entered the room where she was working and closed the door, after she told him not to enter. Defendant kissed her on the lips and fondled her breasts. Defendant unbuttoned her brassiere and tried to pull it up. The witness told the court that defendant kept pulling her brassiere up while she continued to pull her brassiere down. Defendant then pulled down his sweatpants and his underwear, exposing his penis. Complainant testified that defendant told her to perform an act of fellatio. She leaned over and put his penis in her mouth. Defendant then removed his penis from her mouth and told her he would show her what to do. According to the witness, defendant put his thumb in her mouth and moved it in and out of her mouth in a circular motion. Defendant then removed his thumb from her mouth. He placed his left hand on his penis and his right hand behind her head and forced her to perform fellatio on him for approximately two minutes. Complainant stated that during this time, she tried to back away.

Before leaving, defendant threatened complainant by warning her not to tell anyone or else he would bring her to his house and make love to her. Defendant thereafter left the workroom. He exited the thrift shop through a fire door whereby people could leave the store without being seen on the first floor.

Immediately after the assault, complainant was nervous, and she began crying. After five minutes, she went downstairs and told her mother that she had been raped. When the police arrived, complainant gave them a description of her assailant. She told the police that the suspect had brown hair parted down the middle of his head, and that he wore glasses, blue sweatpants, an army jacket, and gym shoes with no socks. Ms. Susan Butler, another worker in the thrift shop, passed defendant in the hallway, but she did not observe what defendant was wearing below the waist.

On the evening of February 28, 1987, complainant went to Hinsdale Hospital, where she was examined by Dr. Walker and Nurse Terry Sanders. The health care providers found no physical evidence of the assault. However, the parties stipulated that Nurse Sanders, if called as a witness, would testify that she interviewed complainant on February 28, at 6:12 p.m., and that complainant said that “Pat, the worker” held her by the neck and forced her to put his penis in her mouth.

On March 21, 1987, complainant was working on the second floor of the thrift shop where she saw defendant, wearing the same clothes that he wore on the day he assaulted her. Complainant’s mother telephoned the police. Lieutenant Arthur Kuncl arrested defendant and read him his Miranda rights. Lieutenant Kuncl later testified that defendant lived less than a block away from the thrift shop and that there was a clear line of vision from his house to the store. Complainant, her mother, and Ms. Butler all separately identified defendant in a lineup at the police station later that afternoon.

On June 29, 1988, complainant was interviewed by Dr. Judith Ivins. Dr. Ivins is a psychologist who has studied mental retardation. Dr. Ivins interviewed complainant in order to determine whether she was able to understand and consent to the act with defendant. Dr. Ivins testified that complainant gave a detailed description of her encounter with defendant. In addition, she testified that complainant had an understanding of the rudiments of vaginal intercourse and its role in procreation, but that she had no understanding of oral sex, or male sexual gratification associated with fellatio, and no comprehension of how sexual activity fits in the context of a relationship. Dr. Ivins also stated that complainant conveyed that the incident with defendant was wrong, or was something with which she did not want to be involved. Dr. Ivins further testified that complainant was well able to remember details although she could not “sequence” them or understand their social implications.

Finally, Dr. Ivins told the court complainant said that she wanted to be “President,” and that she had 510 boyfriends. Dr. Ivins characterized these comments as pre-teenage romantic notions. Dr. Ivins reiterated that complainant gave a detailed description of her encounter with defendant, and she maintained that complainant could distinguish these mild fantasies from her encounter with defendant.

Defendant testified in his own behalf. He claimed that he did not own an army jacket and that he has always worn glasses. He agreed that the photograph of him in the police lineup showed his hair parted down the center of his head.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Feyrer
646 N.E.2d 1244 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
566 N.E.2d 371, 207 Ill. App. 3d 713, 152 Ill. Dec. 684, 1990 Ill. App. LEXIS 1907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-galvin-illappct-1990.