People v. Judge

582 N.E.2d 1211, 221 Ill. App. 3d 753, 164 Ill. Dec. 267, 1991 Ill. App. LEXIS 1824
CourtAppellate Court of Illinois
DecidedOctober 24, 1991
Docket1-89-2001
StatusPublished
Cited by5 cases

This text of 582 N.E.2d 1211 (People v. Judge) 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. Judge, 582 N.E.2d 1211, 221 Ill. App. 3d 753, 164 Ill. Dec. 267, 1991 Ill. App. LEXIS 1824 (Ill. Ct. App. 1991).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Following a bench trial, defendant, Warren Judge III, was convicted of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12— 14(b)(l)) and sentenced to 10 years’ imprisonment. On appeal, he contends that he was not proved guilty beyond a reasonable doubt and was denied a fair trial by the prosecutor’s introduction of improper evidence at trial and improper closing argument.

We reverse.

Complainant, who was seven years old at trial, testified on direct examination that defendant was living in her family’s trailer home during the date the alleged incident occurred. She further testified that on April 4, 1988, at approximately 5 a.m., she and her younger sister were on the living room couch watching cartoons on television. Complainant testified that defendant “dragged Pier] from the couch across the floor and into his bedroom.” She further testified that defendant threw her on his bed where he “touched Pier] private parts, and rubbed Pier] vagina.” Complainant also indicated to the court on an anatomically correct doll where defendant touched her vaginal area. She further testified that defendant had touched and hurt her on four or five previous occasions when she was in kindergarten.

On cross-examination, complainant testified that her father was asleep in his bedroom and that her mother was out delivering newspapers during the time this incident occurred. Complainant said her sister was sitting on the couch watching cartoons, but did not see her being dragged by defendant. Complainant also said that when defendant touched her with his finger she felt pain but did not scream or yell because defendant threatened to kill her entire family except her. Complainant further testified that she had a red rash around her vaginal area prior to the alleged incident with defendant and would often apply an ointment in and around her vagina. She stated that she felt pain when she applied ointment to her vaginal area.

Dr. Andreas Seidler testified on direct examination that he met complainant and her mother in the emergency room of a local hospital. He said that he had asked complainant what happened and complainant said that she had been touched in her private parts with an index finger by defendant. He further testified that upon his physical examination he observed a redness around the vaginal orifice, which he considered an “abnormal condition.” According to the physician, “there was no vaginal discharge, nor did there appear to be any trauma in the orifice to the vagina.” He then stated that after examining complainant he had the impression of “alleged sexual abuse.”

Upon cross-examination, Dr. Seidler testified that he was not informed during the examination that complainant had a rash in her genital area and had applied ointment to the area herself prior to the alleged sexual abuse. Upon further questioning, Dr. Seidler said that depending on the ointment used, it was not only possible, but even probable, that the application of a particular ointment could have caused the degree of redness as well. The physician stated that the abnormal condition he observed could have also been caused by a little girl inserting her own index finger. Dr. Seidler testified that he had not noticed any bruises on complainant’s arms or wrists. He also said that he had not seen “any abrasions or any trauma that had broken the skin.” On further redirect examination, Dr. Seidler stated that his knowledge of the application of specific ointments would not have changed his impression of sexual abuse.

Complainant’s mother testified on direct examination that defendant moved into their trailer home to solve mutual financial problems. She stated that on April 5, 1987, she questioned complainant regarding any possible sexual misconduct toward her by defendant. She also stated that complainant told her that defendant touched her private parts and put his finger inside her. Upon cross-examination, complainant’s mother testified that she asked complainant twice whether defendant had improperly touched her before complainant answered in the affirmative. She also stated that complainant did not seem upset on the morning of the alleged incident. The witness further testified that her daughter had experienced a sporadic rash ever since infancy and that complainant applied ointment to the area more often when defendant lived in their home. The witness also stated that she did not watch her daughter apply the ointment nor did she inspect complainant to determine the condition of the rash. Upon further cross-examination, the witness stated that she herself had been sexually abused as a young child. In addition, the parties stipulated that complainant’s mother had occasion to make a report on another person’s child as being the victim of sexual abuse. The man accused in that incident was cleared of all charges.

Defendant testified on direct examination that he rented a room from complainant’s family. He stated that on the evening before the alleged incident occurred he went to the home of his girl friend (Doreen Girts) and stayed until approximately 1:30 a.m. He returned home at about 2 a.m. where he prepared for bed and went to sleep. He stated that he woke up at 10:30 a.m. and went to work with complainant’s father. When he returned home, he was taken into custody by the police and questioned at the police station. He was then released and returned to the trailer home, where he spent the night. He stated that he stayed with his mother the following day. Defendant also testified that he never touched complainant’s private parts.

Upon cross-examination, the prosecutor elicited from defendant the fact that, as the oldest boy in a family of two brothers and six sisters, he “grew up with younger girls around the house all the time.” He asked defendant whether any of the foster children his mother took into his home were girls who were younger than he, to which defendant answered in the affirmative. The prosecutor then questioned defendant regarding whether he had sexual relations with his girl friend (Doreen Girts) when she was 15 years old. He also asked defendant if he had ever seen Doreen Girts in a bathing suit when she was 12 years old and had told his co-workers that he was excited by her. The prosecutor also asked defendant if throughout his life he had an attraction to younger girls or had been sexually interested in them. Finally, the prosecutor asked defendant if he had ever discussed sexually explicit matters with children and asked him if he was able to identify in court a young girl to whom defendant had made sexually explicit remarks. To each of these questions, defendant answered in the negative.

Eugene Stack, a police officer for the City of West Chicago, testified on behalf of defendant, whom he had known for some years. He stated that defendant had a spotless reputation for decency and morality. Upon cross-examination, Officer Stack stated that defendant had expressed an interest in becoming a police officer, and that he thought defendant would be a good one. He also said that it was his impression that defendant would have been interested in juveniles because of his background, which included living with foster children. The prosecutor asked Officer Stack whether girls younger than 13 years of age had been placed in the Judge home as foster children.

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Cite This Page — Counsel Stack

Bluebook (online)
582 N.E.2d 1211, 221 Ill. App. 3d 753, 164 Ill. Dec. 267, 1991 Ill. App. LEXIS 1824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-judge-illappct-1991.