People v. Hudson

556 N.E.2d 640, 198 Ill. App. 3d 915, 145 Ill. Dec. 22, 1990 Ill. App. LEXIS 662
CourtAppellate Court of Illinois
DecidedMay 11, 1990
Docket1-87-3575
StatusPublished
Cited by23 cases

This text of 556 N.E.2d 640 (People v. Hudson) 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. Hudson, 556 N.E.2d 640, 198 Ill. App. 3d 915, 145 Ill. Dec. 22, 1990 Ill. App. LEXIS 662 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant, Willie Hudson, was convicted of two counts of aggravated criminal sexual assault and sentenced to concurrent terms of six years for each count. The issues presented on appeal are: (1) whether the trial court improperly admitted hearsay testimony by the police officer and doctor regarding the complaints of the eight-year old victim; (2) whether the trial court’s restriction of defense counsel’s cross-examination of two witnesses was reversible error; and (3) whether the evidence was sufficient to convict defendant of aggravated criminal sexual assault on November 21,1986.

Officer McMahon of the Chicago police department testified for the State that at around 11 on November 25, 1986, he received a call to go to an elementary school on North Sawyer Avenue in Chicago. When he arrived at the school, McMahon learned that a student had a mark on his face that the principal wanted the police to investigate. McMahon spoke with the student, who was a 10-year-old boy named Jeffrey. Over defense counsel’s hearsay objection, McMahon testified that Jeffrey told him that the person who put the mark on his face had also been abusing his younger sister. McMahon then asked Jeffrey to have his sister brought to the principal’s office. Jeffrey’s sister, the victim, arrived and spoke with McMahon. At the trial, McMahon started to testify regarding his conversation with the victim. At that point, defense counsel objected on the grounds of hearsay, but the trial court allowed the officer to testify regarding the victim’s statements. The officer stated that he asked the victim what had happened at home. She then told him that defendant had been staying at her apartment and that he had put his privates inside of her. The victim reported that he had done this on several occasions, the most recent one being on November 21, 1986. When McMahon finished talking with the victim, he took her to the hospital.

Dr. Mary Ganz testified that she examined the victim on November 26, 1986. Prior to the examination, she asked the victim if she could tell Ganz why she was being seen. The victim stated that her mother’s friend had been hurting her down there, and she pointed to her vaginal area. Ganz stated that when she examined the victim she found evidence of trauma to the hymen based on her observation that the hymenal edges were rounded and thickened. Ganz also testified that there were several interruptions in the hymenal ring, as well as scar tissue and signs of healing. Ganz stated that her physical findings were consistent with penal penetration of the vagina. Ganz also testified that when she examined the rectal area she found fissures as well as a lax rectal muscle, and that these findings were also consistent with penal penetration of the rectal area. Ganz concluded that the findings indicated that there had been more than one penetration.

On cross-examination, Ganz stated that the interruption in the hymenal opening could have been caused by other forms of penetration.

The victim, who was eight years old, testified that, at the time of the occurrence, she was living in an apartment in Chicago with her mother, defendant, and her three brothers. She stated that she was sleeping on a mattress in the dining room when defendant came over to her. He removed his clothing as well as her nightgown and underpants and kissed her mouth, breasts and genital area. Defendant then lay on top of the victim and penetrated her vagina with his penis. The victim stated that she began to cry but did not scream. She also stated that her brothers, who were sleeping in the same room, were not awakened by the incident.

On cross-examination, the victim testified that defendant had been living with her family for one month. In response to defense counsel’s question, she stated that the sexual conduct she described had occurred on November 17, 1986, which was the morning after she and her family moved to a new apartment. She also acknowledged that she did not want defendant living with them. On one occasion she swore at defendant because he slapped her younger brother’s hand when he touched an electrical outlet. The victim told defendant not to touch her brother because he was not defendant’s son. She also testified that she found defendant’s books in the house showing men and women undressed, and she spoke with him about them.

Detective David Nowak testified that at around 2 on the afternoon of November 25, 1986, he arrested defendant and transported him to the police station. At the station, defendant was advised of his Miranda rights. Defendant stated that he understood his rights and agreed to talk to the detectives. Nowak and his partner then spoke with defendant for about 15 minutes before contacting the felony review unit. Assistant State’s Attorney Erin Jennings arrived, and Nowak was present when she questioned defendant regarding the incident. Nowak testified that the statements defendant made to Jennings were substantially the same as those statements that he made to Nowak earlier that day. Nowak further testified that Jennings then reduced defendant’s statement to writing and read it to him. Defendant read the statement himself, made one correction and signed it.

On cross-examination, defense counsel asked Nowak if defendant denied the allegations against him, but the State objected, and the objection was sustained. At the conclusion of his testimony, Nowak read into the record the statement prepared by Jennings. According to the statement, defendant claimed that the victim was coming on to him sexually. There were also occasions when he was sleeping naked, and the victim would remove the covers and grab his penis. He described other occasions when he was lying down and the victim would climb on top of him. She would then roll and grind her genitals against his genitals. At these times defendant may or may not have had shorts on, and the victim was either naked or wore loose panties. Defendant stated that on one of these occasions his penis possibly slipped into the victim. Defendant further claimed that the victim would follow him into the bathroom when he was bathing or using the toilet. He did not report these incidents to the victim’s mother because he did not want to get her in trouble.

Defendant testified in his own behalf that he was 33 years of age and worked as an automobile mechanic until the time of his arrest. He stated that he had been living with the victim’s family for about four weeks and that the victim did not like him. He then described an occasion when the victim was found looking at a book which contained a picture of a woman performing oral sex on a man. Defendant stated that the victim’s family had been staying at his apartment, but they moved to another apartment on November 16, 1986. That evening defendant stayed with the victim and her family and fell asleep while watching television. At that time, the victim and her brothers were awake and in the bed next to him. Defendant stated that he slept until morning, and he denied having sexual intercourse with the victim. Defendant further testified that on the morning of November 21, 1986, the victim bit and scratched him when he told her to stop hitting her younger brother. He denied having sexual contact with her on that day.

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Cite This Page — Counsel Stack

Bluebook (online)
556 N.E.2d 640, 198 Ill. App. 3d 915, 145 Ill. Dec. 22, 1990 Ill. App. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hudson-illappct-1990.