People v. Guerrero

826 N.E.2d 485, 356 Ill. App. 3d 22, 292 Ill. Dec. 344, 2005 Ill. App. LEXIS 190
Appellate Court of Illinois·Decided March 8, 2005·No. 1-03-2420·Published·Cited by 29 cases

Opinion

JUSTICE WOLFSON,

delivered the opinion of the court:

Following a bench trial, defendant Roman Guerrero was convicted of aggravated criminal sexual abuse of minor S.M. (case number 12464) and minor M.C. (case number 12465) and sentenced to concurrent prison terms of six years. On appeal, defendant contends that the indictments charging him with aggravated criminal sexual abuse failed to sufficiently specify when and where the alleged offenses occurred and, therefore, violated his right to be informed of the nature and cause of the criminal accusations made against him, his due process rights and section 111 — 3(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/111 — 3(a) (West 2002)). Defendant also contends the trial court erred in admitting evidence that defendant was offered a polygraph examination but gave an inculpatory statement before taking the examination. We affirm.

Defendant was charged, in relevant part, with the aggravated criminal sexual abuse of minor S.M. (case number 12464) for conduct “on or about February 23, 1999 and April 8, 2002, at and within the County of Cook.” Defendant was also charged, in relevant part, with the aggravated criminal sexual abuse of minor M.C. (case number 12465) for conduct “on or about February 24, 1999 and continuing through April 16, 2002, at and within the County of Cook.”

Prior to trial, defense counsel requested a bill of particulars, alleging there was insufficient specificity as to the times and locations of the charges. The court told the State “to make a good faith effort to try to pin [down] these *** [d]ates, times and locations.”

At the next proceeding, the State informed the court that it met with one of the victims and the closest it could narrow down one of the incidents to was several days after Christmas in 2001. Defense counsel noted that one, if not both, of the children indicated that the abuses started in 1999. Defense counsel stated that he did not have a problem with the date April 8, 2002, but did with the other periods of time provided. The court noted that the case involved child victims, making it difficult to specify dates, and it did not know if the State was “in a position to make it much better *** [but] this does affect the weight to be given to that testimony.” Defense counsel stated that defendant indicated there were witnesses present, and therefore, he “need[ed] to know when this happened so I can find out whether or not the witnesses were, in fact, there.” The court then asked how many different incidents of abuse were going to be alleged at trial. The State answered that it asked one of the children how often it occurred over the three years, and the child indicated every other week. The court stated:

“It may not be possible to get specific dates on this kind of case. But potential people that were home when these things happened, that is possible. That you can have.”

Thereafter, the State filed the bill of particulars in the case for S.M., which provided:

“DATE: On or about February 23, 1999 continuing through April 8, 2002, including on or about December 25, 2001.
LOCATION: At or near 2059 W 19th St, 1922 W Carpenter, and 1922 W Cullerton, Chicago, Illinois.”

The bill of particulars in the case for M.C. listed the same locations and provided the following date:

“On or about February 24,1999 continuing through April 16, 2002, including on or about February 24, 2002.”

Both bills of particulars also listed who resided at each location.

At the next court date, the State indicated that it had specific dates for the incidents: one occurred after one of the children’s birthday and one was after Christmas. The court asked, “[H]ow many days after?” The State responded that “it’s on or about,” not a month later but either a week or two or a few days later. Defense counsel stated that it would be impossible to defend the case. The court then stated:

“When you have these types of cases where the complainants are children, when they make very late outcries, their age and limitations *** [make it] hard to narrow it down. All I can demand the State to do is make their best effort to narrow it down. *** On the other hand, if it indicates that the weight of their evidence may have some problems as well, it’s a double edge sword. It’s harder to defend and harder to prosecute also because the government can’t even say whether the crime happened. That certainly goes to the weight to be given to their testimony. *** I am persuaded now that they have made their best efforts to narrow it down. But I’ll take her explanation that it’s within a couple weeks and something happens at trial beyond that and then that will be at the government’s .peril.”

At trial, S.M. testified that she was born on February 23, 1993. Both S.M. and M.C. testified that they were currently 10 years old, cousins, and defendant was their uncle. S.M. stated that she lived with her grandma at 2059 West 19th Street and Hoyne in Chicago and still resides there. S.M. stated that when defendant molested her for the first time, he was living with her, she was six or seven years old, the-incident occurred in her bedroom at 2059 West 19th Street and Hoyne, and she was with M.C. S.M. then testified that the first incident occurred at a “different house,” and defendant lived with her family-only at 2059 West 19th Street and Hoyne. She did not recall the address of the “different house” or what year it was. M.C. testified that the incident took place at S.M.’s home near Hoyne.

S.M. and M.C. testified that defendant came into S.M.’s bedroom while they were playing with Barbie dolls. Defendant told them to come near him. S.M. testified that she and M.C. immediately obeyed defendant. M.C., however, testified that they ignored defendant at first but when he yelled at them, they went to him. Defendant then molested the children. S.M. testified that after the incident, defendant continued to molest M.C.

S.M. testified that defendant molested her again a couple of months later while he was living at her home located at 2059 West 19th Street and Hoyne. There was a block party going on outside, and it was summertime. Defendant molested S.M. when she came inside the house to get some water.

M.C. testified that defendant molested her for the first time when she was in her bedroom at her home. M.C. did not recall the date or year or the address of the home. M.C. testified that she told her mother about the incident when they lived at 19th and Cullerton in Chicago, but then she stated:

“Well, actually it was at another house when my ma was half sleeping and I told her and, uhm, *** she could hear me. So after like a few months later she moved out of that house and, uhm, she moved in another house and I told her when we were watching cartoons that he touched me and *** [S.M.]”

M.C. stated that her father lived with her when the first incident occurred but no longer does.

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People v. Guerrero, 826 N.E.2d 485, 356 Ill. App. 3d 22, 292 Ill. Dec. 344, 2005 Ill. App. LEXIS 190 (Ill. Ct. App. 2005).

826 N.E.2d 485 (People v. Guerrero) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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