People v. Jendras

576 N.E.2d 229, 216 Ill. App. 3d 149, 159 Ill. Dec. 560, 1991 Ill. App. LEXIS 1054
CourtAppellate Court of Illinois
DecidedJune 20, 1991
Docket1-89-3142
StatusPublished
Cited by9 cases

This text of 576 N.E.2d 229 (People v. Jendras) 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. Jendras, 576 N.E.2d 229, 216 Ill. App. 3d 149, 159 Ill. Dec. 560, 1991 Ill. App. LEXIS 1054 (Ill. Ct. App. 1991).

Opinion

JUSTICE LINN

delivered the opinion of the court;

Defendant, Jerome J. Jendras, appeals from his conviction of aggravated criminal sexual abuse, contending that he was not proved guilty beyond a reasonable doubt and that he did not receive a fair trial. Defendant was sentenced to two years of probation. He contends that the trial court erroneously admitted evidence of other incidents of sexual misconduct he had allegedly committed 9 to 15 years prior to the incident for which he was tried. He further contends that the prosecutor’s conduct and remarks throughout the trial were grossly improper and prejudicial.

For the reasons that follow, we affirm.

Background

Defendant, who taught classes at St. Lamberts, in Skokie, Illinois, was indicted for aggravated criminal sexual abuse in October 1989. The complaining witness, M.T., testified at trial that in October 1987 he was a seventh grader and defendant was his English teacher. M.T. was an average student and defendant was a “very strict” teacher. On occasion, M.T. had to stay after school for not completing his homework.

On one such occasion, M.T. and defendant talked about going swimming. On October 10, 1987, M.T. (with his mother’s permission) went over to defendant’s apartment in Chicago and the two of them went swimming in the pool at defendant’s apartment. They also used the sauna. Defendant gave him a swim suit, a pair of sweat pants and a pair of biking shorts. After leaving the pool, they went back to defendant’s apartment. According to M.T., they discussed body building and working out. M.T. saw a weight bench in the living room and did some bench presses while defendant spotted for him.

M.T. testified that while he was doing leg curls, defendant grabbed his thighs and started to massage them. M.T. said that defendant also massaged his buttocks.

Defendant then said it was time for a break and rubbed baby oil on M.T.’s body, except for the portion covered by the swim suit. M.T. asked why he did that but defendant did not answer. M.T. took a shower to wash off the oil and then had a snack with defendant. According to M.T., during another workout on the bench, defendant touched him on the buttocks and penis through his clothes. M.T. testified that he never told defendant to stop because he was afraid.

M.T. further testified that defendant took him into the bedroom and measured his chest, biceps, waist, neck, and thighs while M.T. was in his swim suit. Then he pulled down M.T.’s suit to measure his buttocks.

M.T. testified that the two of them then went to the living room and watched a video tape about a body building contest. M.T. said that defendant started massaging his legs and buttocks, finally pulling down M.T.’s swim trunks and rubbing his genitals. M.T. testified that the fondling continued for a few minutes and then M.T. said he had to go home. He did not tell his mother or brother when he got home because he was afraid they would make fun of him. His parents were divorced.

Following that incident, M.T. stayed after school 10 or 11 times because he did not do his homework. He testified that some of these times defendant would touch him while the door to the classroom was closed and the two were alone. Defendant would stop, however, when M.T. said that he had to go. On the last occasion that defendant touched him, they were in the comer of the room and someone tried to open the door, which was normally locked. Defendant went to open the door and spoke briefly to M.T.’s homeroom teacher, Ron Miller.

Later in the semester, defendant stopped teaching classes. M.T. did not say anything to the police when he found out that they were investigating defendant. When he initially met with police, he did not tell them anything because he was embarrassed and scared. Later, when an officer visited his home, M.T. revealed the sexual abuse.

The next two witnesses were brothers, E.N. and D.N. Their proposed testimony, concerning defendant’s other alleged acts of sexual misconduct, was the subject of defendant’s pretrial motion in limine. The trial court, sitting without a jury, denied the motion and allowed the testimony to be admitted.

E.N. testified that, some 16 years before the trial, he was an eighth grader at the school. His parents were going through a divorce. His mother agreed to let him spend the day with defendant one day in 1973. At defendant’s apartment, E.N. talked about the divorce and defendant gave him a book. Defendant invited him to swim and lent him a swim suit. They swam around for awhile and E.N. testified that he felt defendant’s hand touch him as E.N. swam by. When E.N. stopped and stood up, defendant pulled back his trunks and touched his penis. E.N. stopped him and said he did not want to swim anymore. Defendant then asked him to go to the sauna and he did.

In the sauna, according to E.N., defendant touched his knee and thigh and then his penis, on the outside of the swim trunks. When defendant put his hand inside EJSL’s trunks, E.N. pushed him away. They dressed, ate waffles, and the defendant took E.N. home.

On cross-examination, E.N. admitted that he did not tell police about the 1973 incident until 1988, in the course of the investigation leading to the pending charge. Defense counsel asked if E.N. was homosexual and if he had a “crush” on defendant. E.N. denied this and also denied that he had invited defendant to see some of the theatrical shows he was in. E.N also denied asking defendant to pay him $5,000 in exchange for not telling the police that defendant had abused him in 1973.

E.N. also testified that in a 1980 graduation party for his brother D.N., defendant and another man came to the party. Two or three weeks later, defendant and the other man took E.N. to a gay and lesbian parade. According to E.N., defendant tried to kiss him on the mouth. He denied that he had gone with defendant and the other man in 1980 because he wanted to establish a homosexual relationship with defendant. E.N. admitted talking to defendant several times in 1988 but said he had not talked to anyone about the incident before 1988 because he was embarrassed.

D.N., the younger brother of E.N., next testified that in 1980 he was 13 years old, an eighth grader. Defendant was his homeroom teacher. D.N. asked defendant to accompany him to a White Sox game because he looked up to him as a role model. Defendant picked him up and drove to the game. Then they went by defendant’s apartment and went swimming.

While in the pool, defendant took D.N. to the deep end to show him how to swim. When the water was about chin high, D.N. felt defendant’s arm rubbing his genital area. D.N. stated that he could not swim and was trying to protect his “manhood” so he became panicky. He got back to the shallow end and asked to go home. Defendant drove him home.

D.N. further testified that in January or February 1982, he saw defendant’s car at a school basketball game, took a bottle of mustard, and wrote “fag” on the windshield, in retaliation for the 1980 incident.

D.N. stated that his older brother never told him that he had been molested by defendant, nor did he warn him about it. D.N.

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Cite This Page — Counsel Stack

Bluebook (online)
576 N.E.2d 229, 216 Ill. App. 3d 149, 159 Ill. Dec. 560, 1991 Ill. App. LEXIS 1054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jendras-illappct-1991.