People v. Grocesley

892 N.E.2d 1225, 384 Ill. App. 3d 682, 323 Ill. Dec. 233, 2008 Ill. App. LEXIS 758
Appellate Court of Illinois·Decided August 1, 2008·No. 3-07-0610·Published·Cited by 5 cases

Opinions

JUSTICE CARTER

delivered the opinion of the court:

The defendant, Marcus Grocesley, was convicted of three counts of criminal sexual assault and sentenced to three consecutive terms of 50 months’ imprisonment. 720 ILCS 5/12 — 13(a)(4) (West 2004). The defendant contends that the State failed to prove that he held a position of trust, authority, or supervision in relation to the victim. We affirm.

The defendant was indicted on three counts of criminal sexual assault and three counts of aggravated criminal sexual abuse for engaging in sexual penetration with M.C.R. Each count of criminal sexual assault alleged that during certain time periods the defendant, who was 17 years of age or older, knowingly committed an act of sexual penetration with M.C.R., who was at least 13 but under 18 years old, and the defendant held a position of trust, authority or supervision in relation to M.C.R. in that the defendant was a track coach for the Joliet Township High School District (school district). The school district is comprised of two schools, Joliet Central High School and Joliet West High School. The two schools are combined into one school-district-wide sports program. There is one team for the school district in any given sport comprised of students from both schools who practice and compete together. The three aggravated criminal sexual abuse charges alleged that during specific time periods, the defendant knowingly committed an act of sexual penetration with M.C.R., who was at least 13 but under 17 years old, and the defendant was at least 5 years older than her.

At trial, M.C.R. testified that she was born in August 1990. She met the defendant at a high school football game in October 2005. She was 15 years old and was a sophomore at Joliet West High School. She was a cheerleader and on the girls’ track team for the school district. She had attended a different high school during the 2004-05 school year.

The night she met the defendant, she was cheering for the school football team, and she was wearing her cheerleading uniform. She next spoke to the defendant at a high school basketball game, where she was cheering. When she saw the defendant at another basketball game in December 2005, she gave him her phone number.

He called her that night, and she told him that she was 15 years old. He told her that he was 21 years old. The defendant asked M.C.R. if he could come to her home, and she said yes. He arrived at her home around midnight, when her parents were asleep. M.C.R. let the defendant into the house. They went to her bedroom and engaged in oral and vaginal sex.

In January 2006, the defendant went to M.C.R.’s home again, and they had oral and vaginal sex. M.C.R. also testified that she and the defendant engaged in vaginal sex in his car and at the home of the defendant’s friend. On January 28, 2006, the defendant went to M.C.R.’s home late at night and engaged in oral and vaginal sex with M.C.R. and her 16-year-old friend.

In late January or early February 2006, M.C.R. saw the defendant at Joliet Central High School talking to the coaches of the boys’ track team during track practice. Sometime after this day, in February 2006, the defendant went to M.C.R.’s home. After they had oral and vaginal sex, the defendant told M.C.R. that he could not see her anymore because he was trying to straighten out his life and become a track coach.

Andrew Harris testified that he was a teacher and a boys’ track team coach for the school district. The indoor track season typically began around February 1, but there may have been practices held before that date. In 2005, Harris was the head coach of the boys’ indoor track team. The defendant worked with the team daily during the 2005 season. Harris introduced the defendant to the team as a coach, and the defendant was present during team meetings. The defendant had authority to organize and conduct practices with the sprinters and to impose penalties on students who were late for practice. The defendant also attended indoor track meets. Harris also observed the defendant assisting coaches during outdoor track practices and meets. The defendant appeared in the team yearbook picture in 2005, which referred to him as coach Marcus Grocesley.

The 2006 indoor track season began on or around February 1, 2006. The defendant again acted as an assistant coach. The defendant assisted during practices and attended team meetings. The defendant was also in the team picture taken in 2006.

In January 2006, the school district’s athletic director informed Harris that all of the assistant coaches must be certified by the State of Illinois. The defendant was not certified. Harris and the defendant discussed certification approximately three times. The defendant never told Harris that he had become certified.

Christopher Olson testified that he had been the athletics director at the school district since July 2004. Sometime during the 2005-06 school year, Olson noticed the defendant in the hallways and working with the boys’ track team. The defendant was not a paid staff member or a certified volunteer. Olson discussed the certification requirement with the defendant, and Olson told the defendant he could not assist the team until he was certified. To Olson’s knowledge, the defendant was never certified as a coach.

Several other school district athletics coaches also testified that he or she observed the defendant assisting during the boys’ track practices in 2005 and 2006. The school district superintendent testified that the defendant had never been an employee or official volunteer at the school district. The defendant admitted to a police officer that he had engaged in sexual acts with M.C.R. The defendant also told an officer that he had been assisting the school district’s boys’ track team since 2005.

The jury found the defendant guilty on all counts. Following a sentencing hearing, the court found that the convictions for aggravated criminal sexual abuse merged into the convictions for criminal sexual assault. The court imposed three consecutive terms of 50 months’ imprisonment.

On appeal, the defendant presents four claimed errors, each of which argues that the State failed to prove he was guilty of criminal sexual assault because the evidence did not establish that he held a position of trust, authority or supervision in relation to M.C.R. First, the defendant claims the court erred by denying his motion for a directed verdict because the State failed to present a prima facie case that he was guilty of criminal sexual assault. A motion for a directed verdict asserts that as a matter of law the evidence is insufficient to support a finding of guilt. People v. Cazacu, 373 Ill. App. 3d 465, 869 N.E.2d 381 (2007). Considering the evidence most strongly in the State’s favor, the court determines whether a reasonable jury could find the defendant guilty beyond a reasonable doubt. Cazacu, 373 Ill. App. 3d 465, 869 N.E.2d 381. On review, we consider the question de novo. Cazacu, 373 Ill. App. 3d 465, 869 N.E.2d 381.

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People v. Grocesley, 892 N.E.2d 1225, 384 Ill. App. 3d 682, 323 Ill. Dec. 233, 2008 Ill. App. LEXIS 758 (Ill. Ct. App. 2008).

892 N.E.2d 1225 (People v. Grocesley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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