People v. Hancock

771 N.E.2d 459, 329 Ill. App. 3d 367, 264 Ill. Dec. 755, 2002 Ill. App. LEXIS 314
CourtAppellate Court of Illinois
DecidedApril 23, 2002
Docket4-01-0678
StatusPublished
Cited by35 cases

This text of 771 N.E.2d 459 (People v. Hancock) 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. Hancock, 771 N.E.2d 459, 329 Ill. App. 3d 367, 264 Ill. Dec. 755, 2002 Ill. App. LEXIS 314 (Ill. Ct. App. 2002).

Opinion

JUSTICE COOK

delivered the opinion of the court:

Respondent, Mark Lee Hancock, appeals the June 14, 2001, jury-verdict in the Champaign County circuit court finding him to be a sexually dangerous person pursuant to Illinois’s Sexually Dangerous Persons Act (Act) (725 ILCS 205/0.01 through 12 (West 2000)). We affirm.

I. BACKGROUND

On September 6, 2000, respondent was charged by information in the Champaign County circuit court with the following five felony counts: residential burglary in that respondent entered the dwelling place of another with the intent to commit criminal sexual assault (720 ILCS 5/19—3 (West 2000)), criminal trespass to residence (720 ILCS 5/19—4(a)(2) (West 2000)), aggravated battery in that he kissed a minor in a public way (720 ILCS 5/12—4(b)(8) (West 2000)), aggravated criminal sexual abuse (720 ILCS 5/12 — 16(a)(6) (West 2000)), and aggravated criminal sexual abuse in that respondent threatened his victim’s life (720 ILCS 5/12—16(a)(5) (West 2000)). The grand jury returned a true bill on all counts on September 28, 2000.

On October 19, 2000, the State filed a petition to have respondent declared a sexually dangerous person pursuant to the Act. Respondent subsequently underwent two mandatory court-ordered psychiatric examinations, which were performed by Dr. Lawrence Jeckel and Dr. Arthur Traugott. See 725 ILCS 205/4 (West 2000). On June 11, 2001, the State informed the trial court that it was going to proceed on the petition to have respondent declared a sexually dangerous person and not proceed on the pending criminal charges.

At trial, the two court-ordered psychiatrists testified concerning their evaluations of respondent. The psychiatrists diagnosed respondent as suffering from a number of mental disorders, including pedophilia and voyeurism with a history of exhibitionism. Both agreed that respondent was a sexually dangerous person with a propensity for committing acts of sexual assault against children. One psychiatrist testified that if he did not think respondent would continue committing these crimes in the future, he would not consider him sexually dangerous. The psychiatrists disagreed on whether one could be a pedophile and not be sexually dangerous. One psychiatrist believed that a person who was able to control his urges to molest children was not actually a pedophile, while the other believed that a person could be a pedophile and not be sexually dangerous.

The State introduced the testimony of two police officers, who described interviews they had with respondent. During these interviews, respondent admitted committing the underlying crimes, as well as confessing to a number of other sex-related offenses over a period of several years. Respondent had on occasion broken into a home to look for sex. In one of the incidents that led to these proceedings, respondent was riding his bike at night and broke into a random home because the garage door was not all the way down. Respondent was confronted by an adult male in the house and fled on his bike. Respondent came back, however, and was caught on videotape by the adult male, who was now in his car looking for respondent. Respondent told the homeowner he wanted sex, and he told the police that he came back because he thought the adult male wanted to have sex with him.

Respondent told police that he preferred 9- to 12-year-old girls and that he had on occasion broken into a house, stood over the bed of a sleeping child, and masturbated over the child. Respondent also described taking trips to Springfield, Illinois, and Indianapolis, Indiana, to look for young girls, though he never followed through on whatever it was he was going to do with the children. On one occasion, respondent kissed an 11-year-old girl in public, then ran away. On another occasion, respondent broke into a house, climbed into bed with a 16-year-old girl and stifled her when she started screaming. Respondent fled out the window he had broken into before the girl’s parents were able to respond.

Some of these admissions resulted in solving previously reported though unsolved crimes in Champaign County. The actual victims of the incidents to which respondent admitted were identified and testified about the prior assaults at this trial.

The State further introduced into evidence a videotape and audiotape of respondent’s interviews with the police officers. Respondent confirmed on cross-examination that he was telling the truth when he made the confessions to the police that were in the recorded interviews.

The State finished presenting its case by informing the jury of respondent’s prior convictions in the states of Virginia and Maryland. In 1977, respondent pleaded guilty to assault with intent to rape in Maryland. In 1979, respondent was convicted of unlawful entry in Virginia. In 1984, respondent was convicted of exposure of sexual or genital parts to a child in Virginia. In 1984, respondent was convicted of aggravated sexual battery in Virginia. The trial court instructed the jury that the prior convictions could be considered on the issue of whether respondent had demonstrated propensities toward acts of sexual assault and/or acts of sexual molestation of children.

Respondent testified in his own defense. He claimed that he was successfully controlling his urges through Buddhist meditation and self-administered aversion therapy, the concept of which he learned from a psychiatrist. He was absolutely committed to never masturbating or having sex again. Respondent’s mother testified about his change in behavior since he was arrested. A member of respondent’s Buddhist group also testified concerning respondent’s progress.

The trial court refused respondent’s jury instruction, which contained language about requiring the jury to find respondent had a propensity to commit further sex crimes “in the future.” The trial court refused an instruction with a definition of “sexual assault” and “penetration.” The trial court also refused a jury instruction requiring a specific finding that respondent had a volitional impairment. Finally, the trial court allowed the State to offer a definition of “propensity” during closing rebuttal over respondent’s objection. The jury returned a verdict finding respondent to be a sexually dangerous person. Respondent appeals.

II. ANALYSIS

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

Related

People v. Bustos
2020 IL App (2d) 170497 (Appellate Court of Illinois, 2021)
People v. Baldwin
2020 IL App (1st) 160496 (Appellate Court of Illinois, 2020)
People v. Bingham
2013 IL App (4th) 120414 (Appellate Court of Illinois, 2013)
In re Detention of Hunter
2013 IL App (4th) 120299 (Appellate Court of Illinois, 2013)
People v. Bailey
937 N.E.2d 731 (Appellate Court of Illinois, 2010)
United States Ex Rel. Varner v. Budz
361 F. Supp. 2d 762 (N.D. Illinois, 2005)
People v. Lawton
818 N.E.2d 326 (Illinois Supreme Court, 2004)
In Re Commitment of Bushong
815 N.E.2d 103 (Appellate Court of Illinois, 2004)
People v. Runge
805 N.E.2d 632 (Appellate Court of Illinois, 2004)
In re Detention of Cain
Appellate Court of Illinois, 2003
In re Detention of Traynoff
Appellate Court of Illinois, 2003
In re Detention of Hughes
Appellate Court of Illinois, 2003
In re Detention of Dean
786 N.E.2d 633 (Appellate Court of Illinois, 2003)
In Re Leon G.
59 P.3d 779 (Arizona Supreme Court, 2002)
State of Arizona v. Hon. Ehrlich/eric Walker
59 P.3d 779 (Arizona Supreme Court, 2002)
People v. Lawton
781 N.E.2d 1122 (Appellate Court of Illinois, 2002)
In Re Care of Coffman
92 S.W.3d 245 (Missouri Court of Appeals, 2002)
People v. Kastman
779 N.E.2d 333 (Appellate Court of Illinois, 2002)
Westerheide v. State
831 So. 2d 93 (Supreme Court of Florida, 2002)
In Re the Detention of Wilber W.
53 P.3d 1145 (Court of Appeals of Arizona, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
771 N.E.2d 459, 329 Ill. App. 3d 367, 264 Ill. Dec. 755, 2002 Ill. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hancock-illappct-2002.