People v. Gunartt

578 N.E.2d 1081, 218 Ill. App. 3d 752, 161 Ill. Dec. 435, 1991 Ill. App. LEXIS 1399
CourtAppellate Court of Illinois
DecidedAugust 19, 1991
Docket1-88-3565
StatusPublished
Cited by15 cases

This text of 578 N.E.2d 1081 (People v. Gunartt) 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. Gunartt, 578 N.E.2d 1081, 218 Ill. App. 3d 752, 161 Ill. Dec. 435, 1991 Ill. App. LEXIS 1399 (Ill. Ct. App. 1991).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court;

Defendant Charles Gunartt was charged with aggravated criminal sexual assault, criminal sexual assault and aggravated criminal sexual abuse.

After a bench trial, defendant was found guilty, all counts were merged and the trial court entered judgment against defendant on the aggravated criminal sexual assault charge. Defendant was sentenced to eight years’ imprisonment. Defendant appeals his conviction, alleging that (1) the trial court erred in denying his motion for a new trial, (2) he was denied effective assistance of counsel, and (3) prejudicial error was committed by the prosecution which denied him a fair trial.

On July 9, 1987, Dorothy Russell, a/k/a Dorothy Cook, and her two children, L.C. and C.C., went to defendant’s home located at 1926 North Lawndale in Chicago. L.C., defendant’s and Russell’s 10-year-old daughter, was wearing, among other clothing, a dress and stockings. Defendant is the father of L.C. but is not C.C.’s father. L.C. testified that she had not seen her father in “a long time.” This testimony was corroborated by defendant, who claimed he had not seen Russell or L.C. for four years, although he did speak with Russell on the telephone occasionally.

Russell and the children entered the apartment and both children began to watch television in the front room. The apartment consists of 3V2 rooms, a front room, a kitchen, a bedroom off the kitchen and a bathroom. There is disputed testimony as to whether Russell and her children went across the street to a liquor store and made a purchase. Nonetheless, there is overwhelming testimony that Russell had alcohol on her breath and that she was acting in a drunken and disorderly manner on that date.

L.C. testified that defendant was standing in the rear of the apartment when he asked her if she wanted a pop. L.C. responded yes, and defendant told her that she would have to come to the kitchen and get the pop herself. C.C. then asked whether he could also have a pop. Defendant told C.C. that he could not. When L.C. got to the kitchen, defendant told her to go to the bedroom and L.C. obeyed. L.C. testified that defendant locked the door. L.C. stated that defendant tore her stockings and told her to pull down her underwear. L.C. did as she was told. Defendant then pulled down his pants and underwear. L.C. testified that defendant “put his private part inside” her vagina for about one minute. L.C. cried and told defendant to get off her. L.C. next noticed her brother standing at the bedroom door.

L.C. went out of the bedroom to her mother, who was in the front room. Russell asked defendant, “What did you do to my baby?” Russell told L.C. to call the police, but defendant would not let her use the telephone. Defendant went to the kitchen, obtained a knife and stabbed Russell in the foot. Then defendant’s girl friend came into the apartment and struck Russell. Russell and the children left the apartment. Russell and her children went to the Jehovah’s Witnesses across the street and called the police. Russell, however, saw a police car and went out into the street and waved it down. Russell and her children were taken to Mount Sinai Hospital. L.C. stayed there for several days.

C.C.’s testimony substantially corroborates L.C.’s story. C.C. testified that he went to the kitchen to get some water and heard his sister crying. C.C. went to the bedroom door, which he testified was ajar, and opened it. C.C. saw L.C. standing by the door with her stockings around her ankles and noticed that they were torn.

Police officer Ohse testified that at approximately 8 p.m. on July 9, 1987, Russell flagged down him and his partner. Ohse testified that Russell had been “struck a few times and was bleeding in some places.” Russell claimed to have had a fight with defendant. Ohse smelled alcohol on Russell’s breath. Ohse took Russell and her children to Mount Sinai Hospital, where Russell and L.C. received treatment. Russell was argumentative with hospital personnel.

Dr. Anthony H. Dekker testified that he is a specialist in child and adolescent behavior and maltreatment in the Pediatric Ecology Unit at Mount Sinai Hospital. Dr. Dekker testified as a treating physician and as an expert. Dr. Dekker testified:

“I asked the child if she knew why she was in the hospital and she admitted that she did know why. And I asked during the history — I was going through her past medical history and got up to the genital examination, I asked if anyone had ever touched her there and she admitted quote, he put his thing in me there, and she was pointing to her vaginal area. She stated that the person was her father and that it led me to believe that there had been penal [sic] vaginal penetration by history.”

Dr. Dekker performed a complete head-to-toe examination of L.C. The examination revealed that she had multiple scars on her body consistent with scratches and loop cord beatings which indicated she was hit hard enough to make the skin break. The scars were at least a month old. The scars were consistent with the findings that the child was physically abused.

Dr. Dekker’s genital examination revealed that L.C. had marked bruising around the hymenal opening. The covering of the hymen started to ooze blood as soon as Dr. Dekker touched it. He observed hymenal tears in three places around the hymenal opening and a bloody discharge. The hymenal opening was also “considerably large.” Dr. Dekker testified that the findings of the examination were “consistent with traumatic penetration of either a penis or large finger causing tears in the hymenal opening.” He further testified that the hymen was also “swollen and rounded which was consistent with some recent trauma that would have tom the hymen and broken a lot of that fine paper-thin edge that the hymen normally have [sic] prior to intercourse.” Dr. Dekker testified that such injuries would take 5 to 10 minutes to hours to develop, and swelling could last for days. His opinion was that L.C.’s genital injuries occurred within the last four days. Dr. Dekker’s ultimate diagnosis was acute sexual assault. Dr. Dekker also testified that Russell was uncooperative and that he smelled alcohol on her breath.

Defense counsel called Bobbie Ann West as a witness. West is defendant’s girl friend and has known him for about four years. West testified that shortly after 4 p.m., she saw Russell and her children enter defendant’s apartment. West noticed a hole in L.C.’s stockings before L.C. entered the apartment. Ten minutes after their arrival, West and defendant testified that Russell and the children went across the street to a store selling liquor and small items and returned to defendant’s apartment carrying a bag. West testified that she entered the apartment five minutes later and heard defendant asking Russell to leave. West saw Russell take a tenth of Crown Royal out of the bag and start drinking it. West did not hear any accusations that defendant had molested anyone. West and defendant both testified that defendant called the police twice. West admitted slapping Russell, and defendant’s testimony corroborated this. After that incident, Russell and her children left. One hour elapsed from the time Russell and her children initially arrived until they left.

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 1081, 218 Ill. App. 3d 752, 161 Ill. Dec. 435, 1991 Ill. App. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gunartt-illappct-1991.