People v. Karmenzind

580 N.E.2d 909, 220 Ill. App. 3d 167, 162 Ill. Dec. 726, 1991 Ill. App. LEXIS 1787
CourtAppellate Court of Illinois
DecidedOctober 10, 1991
DocketNo. 3—90—0438
StatusPublished
Cited by2 cases

This text of 580 N.E.2d 909 (People v. Karmenzind) 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. Karmenzind, 580 N.E.2d 909, 220 Ill. App. 3d 167, 162 Ill. Dec. 726, 1991 Ill. App. LEXIS 1787 (Ill. Ct. App. 1991).

Opinions

JUSTICE HAASE

delivered the opinion of the court:

Defendant Melvin C. Karmenzind was charged with one count of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12—14(b)(1)). The complainant in the case is the defendant’s son, C.K. The defendant pleaded not guilty, and his pretrial motion for a bill of particulars was denied. Tried before a jury, the defendant was found guilty. His two post-trial motions for a new trial were denied, and he was sentenced to 12 years’ imprisonment. Defendant appeals his conviction. We reverse.

Prior to the start of the defendant’s trial, Kelley Gott of the Illinois Department of Children and Family Services (DCFS) was examined in a voir dire proceeding to determine the propriety of admitting her testimony under section 115—10 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1989, ch. 38, par. 115—10). The defendant’s objection to the admission of this testimony was denied.

At trial, Elsie Buhs, C.K.’s baby-sitter, testified that on or about September 6, 1989, she drove C.K. to school and he commented that his father, the defendant “does drugs and climbs trees.” Three hours later, Ms. Buhs returned to school to pick up C.K. and C.K. told her that the defendant had inserted a comb into C.K.’s rectum and his sexual organ into C.K.’s mouth. She also testified that C.K. told her that the defendant had done the same things to C.K.’s friend; that the defendant’s friend Terry had also participated by using a screwdriver handle and “something like a hammer” to sodomize C.K.; that the defendant had also used his sexual organ to sodomize C.K.; that the defendant had jumped on C.K., beaten him “around his private areas” and struck C.K.’s head against a wall.

On cross-examination, Ms. Buhs was unable to specify how many times she had discussed these allegations with C.K., but indicated that it “could have been” less than 10 times, but not more than one dozen times during the months of October through December 1989. She further testified that she had never observed the defendant mistreat C.K., that C.K. had blamed his father for a bruise on C.K.’s head and that C.K. had told lies to blame other people for his wrongs.

Ms. Gott of the DCFS testified that she held a videotaped interview with C.K. on September 19, 1989. She testified that C.K. told her about incidents involving a hammer and screwdriver. She further testified that C.K. told her that two incidents occurred when C.K. was two years old in Bartonville and Kingston Mines and C.K.’s friend and Terry were present at the alleged incidents, but Terry did not participate and fought with the defendant. Ms. Gott testified that C.K. used anatomically correct dolls to indicate various body parts involved and was only able to respond briefly to her questions.

During cross-examination, Ms. Gott clarified that C.K. did not discuss being sexually assaulted with anyone’s sexual organ, as Ms. Buhs had testified. Ms. Gott further testified that every time C.K. answered a question, she repeated it and C.K. provided no narration and never gave more than a two- or three-word answer. Ms. Gott further clarified that according to C.K., the alleged incident occurred twice; once in Kingston Mines and once in Bartonville. Terry did not participate, and the fighting between the defendant and Terry occurred on only one occasion.

C.K. was questioned in a voir dire proceeding to determine his competence as a witness. He twice identified his last name as Melvin, once after being corrected by the prosecutor. Upon asking C.K. to define “telling the truth” and “telling a lie,” C.K. repeated these two phrases back to the prosecutor. The prosecutor then indicated that it was the defendant’s burden to prove that the witness was incompetent and tendered the witness to the defendant.

On cross-examination, C.K. identified his correct last name. He denied ever telling a lie. He indicated that he told the whole truth and not half-truths. C.K. first testified that he had only told Ms. Buhs and his mother about the alleged incidents. After prompting by defense counsel, C.K. recalled telling a police officer and a Mr. Minton, but denied telling any doctors. He reported only telling Ms. Buhs about the alleged incidents once, and telling his mother 10 times. He also claimed to remember every event in his life back to the age of two, then denied this and reported that the alleged incidents took place when he was four years of age. The defendant objected to the qualification of C.K. as a competent witness. This objection was overruled.

Detective Steve Schmidt of the Peoria County sheriffs department testified next, again in a voir dire proceeding. He stated that he interviewed C.K. at his office on or about September 7, 1989. He also related testimony of his conversation with C.K. in which C.K. told him that the defendant and Terry had argued, that “they” used a screwdriver to sodomize him and that the incident took place in Kingston Mines.

On cross-examination, Detective Schmidt testified that he had spoken with the baby-sitter and C.K.’s mother on September 7 but that he did not interview C.K. until September 19, 1989, and that the interview lasted 15 or 20 minutes before C.K.’s interview with Ms. Gott. Detective Schmidt testified that during the first interview, the baby-sitter and the mother indicated that only a rattail comb and a man’s sexual organ were alleged to have been used, but in the interview with C.K. a screwdriver, a hammer and a man’s sexual organ were alleged to have been used. Detective Schmidt testified that he did not ask C.K. why his story had changed, but the changes were cause for some concern.

Voir dire was concluded and the jury returned. The first witness was C.K., who alleged for the first time that the defendant had used a wrench, in addition to a screwdriver and comb, to assault him. C.K. alleged that the comb broke when it was used, that this hurt him and that this happened only once; in the dining room at the house in Kingston Mines. C.K. also alleged that C.K.’s friend and Terry were there and for the first time alleged “the boss, Grandma Ruby” (Ruby Karmenzind, the defendant’s mother), was there as well. C.K. testified that “Terry hurt C.K.’s friend” and that the defendant inserted his sexual organ into C.K.’s mouth and beat him.

C.K. indicated on anatomically correct dolls that the tools were inserted into his rectum. He also identified where the male sexual organ is located. Upon the prosecutor’s request, C.K. drew pictures of himself and C.K.’s friend tied up in ropes. One of these pictures was admitted into evidence.

When asked, C.K. was unable to identify the defendant as his father. It is alleged, however, that this was the first time C.K. had ever seen his father clean-shaven, as the defendant had previously always worn a beard.

On cross-examination, C.K. denied ever changing his story, ever telling a lie or ever telling a lie to blame other people for his wrongs. He reported that his mother was the first person he told about the incidents. He testified that he then told his baby-sitter, then Officer Schmidt. After prompting, he recalled telling Mr. Minton and “a lady in front of a camera” and denied telling- anyone that there were two separate incidents.

C.K. alleged that there was a single incident, that it took place at 10 a.m.

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618 N.E.2d 1092 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
580 N.E.2d 909, 220 Ill. App. 3d 167, 162 Ill. Dec. 726, 1991 Ill. App. LEXIS 1787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-karmenzind-illappct-1991.