People v. Land

609 N.E.2d 1010, 241 Ill. App. 3d 1066, 182 Ill. Dec. 476, 1993 Ill. App. LEXIS 254
CourtAppellate Court of Illinois
DecidedMarch 4, 1993
Docket4-91-0724
StatusPublished
Cited by17 cases

This text of 609 N.E.2d 1010 (People v. Land) 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. Land, 609 N.E.2d 1010, 241 Ill. App. 3d 1066, 182 Ill. Dec. 476, 1993 Ill. App. LEXIS 254 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In July 1991, a jury convicted defendant, William Land, of three counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14(b)(1)) of his eight-year-old daughter, C.L. The trial court later sentenced him to three consecutive 20-year prison terms. Defendant appeals, arguing that (1) the trial court erred by admitting C.L.’s hearsay statements under section 115 — 10 of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1989, ch. 38, par. 115— 10), (2) the State failed to prove him guilty beyond a reasonable doubt of two of the three convictions because C.L. testified at trial that the sexual conduct occurred only one time, (3) the trial court erred by not allowing defendant to introduce evidence that other persons had sexually abused C.L., and (4) the trial court committed plain error by failing to instruct the jury on an essential element of the crime charged.

We disagree with all of defendant’s arguments and affirm.

I. Background

Prior to February 1990, defendant, his wife (Joyce Land), C.L. (born in May 1983), and their two sons lived together on Washington Street in Bloomington. In February 1990, the family moved to Olive Street in Bloomington. In August 1990, C.L. went to live in a foster home with Wilma and A1 McLaughlin for reasons that the trial court held were inadmissible and therefore not revealed at trial.

Starting in February 1990, and at the request of C.L.’s public school, C.L. visited weekly with Diana Quick, an outreach caseworker and counselor for McLean County center for human services. As a part of C.L.’s therapy, Quick and C.L. kept a “journal about anything.” Although C.L. could not write, Quick would write whatever C.L. wanted Quick to write in the journal.

On October 6, 1990, Quick and C.L. (then seven years old) discussed what should go in the journal during one of their weekly meetings. C.L. spoke about some books a friend had shown her about insects, noting that these books were “good books,” unlike the books her father owned. When Quick asked her what she meant, C.L. responded that her father’s books “were dirty books that had pictures of men and women with no clothing.” She also told Quick that her father would show the pictures in the books to her and her brothers. C.L. further recalled that her father made her cry when he showed her the pictures, but he would tell her that there was nothing to cry about. C.L. added that he would eventually do “bad stuff [to her], *** like sex.” C.L. remembered that sometimes her mother held C.L.’s arms when her father was doing this “bad stuff” to her and would tell her father to “stop hurting her baby” as she did so.

Because C.L. liked to draw, Quick gave C.L. some markers and paper to draw about these events as she talked about them. As she did so, Quick recalled that C.L. pounded the markers on the paper, breaking three of them. Quick also recalled that “[s]he was crying, stammering, [and] repeating herself frequently.”

Quick then brought C.L. to speak with Detective Michael Fazio of the Bloomington police department. As Quick listened, Fazio asked C.L. if she knew why he wanted to speak with her. C.L. said that she did and told Fazio that her father hurt her by spanking her and having sex with her. C.L. told Fazio that defendant would show her “ ‘dirty, filthy books,’ ” which made her cry. Defendant would then spank her and tell her that “ ‘this is what I do with mom and it’s okay to do it with you[, too].’ ” C.L. told Fazio that her father did these things both when they lived in the house they currently lived in (Olive Street) and when they lived in their previous house (Washington Street).

Fazio asked C.L. to tell him about the last time she had sex with her father. C.L. told Fazio that it occurred in the front room at the Olive Street address. Defendant placed her on the couch, took off her clothes, and then put “it” inside of her, which badly hurt her. Her uncle then knocked on the front door. C.L.’s mother came downstairs to answer the door, saw defendant having sex with C.L., and started hitting defendant, shouting “ ‘[D]on’t hurt my baby.’ ” Defendant stopped, and C.L. and defendant then dressed.

Fazio asked C.L. to elaborate on what she meant by “having sex” by using drawings of a naked, adult white male and a naked, white, female, grammar-school-age child, with front and back views. Because C.L. had said that defendant had hurt her, Fazio asked C.L. what defendant had hurt her with. C.L. circled the penis on the male drawing, calling it his “dick.” Fazio asked C.L. where he hurt her, and C.L. circled the vaginal area of the female, which she called her “tutu.” Fazio asked her if defendant touched her anywhere else. C.L. circled the breast on the female drawing, and said that defendant touched her breast with his breast when he lay on top of her.

Fazio asked her if defendant touched her anywhere else. C.L. pointed to the male’s penis and then circled the female’s buttocks, saying that he “ ‘puts it in there,’ ” clarifying that “it” meant defendant’s penis. Using a ballpoint pen and its cap to demonstrate what “in” and “out” meant, C.L. demonstrated that when she said defendant “put it in there,” she meant that defendant penetrated her vagina and her anus with his penis.

C.L. also told Fazio that defendant would kiss her on the lips. Fazio asked her if defendant ever put his penis in her mouth, to which she responded “no.” He also asked her if she remembered any dates, using holidays and birthdays as reminders, but C.L. could not remember any specific dates.

After speaking to C.L., Fazio went to defendant’s residence on Olive Street. After Fazio advised defendant of C.L.’s accusations and his Miranda rights, defendant voluntarily accompanied Fazio to the Bloomington police station. Defendant accused Fazio of making up the accusations, claiming that Fazio merely wanted to harass his family. He denied keeping any pornographic books in his house or any books that contained pictures of naked men and women and challenged Fazio to search his house. Fazio took defendant up on his offer and asked defendant to sign a departmental form indicating that defendant consented to the search. Defendant did so. Fazio then placed him in a cell and returned to defendant’s residence to search it.

When he arrived at defendant’s residence, Fazio met defendant’s wife. He informed her that he had arrested defendant and told her that defendant had consented to a search. Fazio asked for her consent, which she gave by signing the consent form below defendant’s name.

Fazio first searched defendant’s bedroom because C.L. had told him that defendant kept his “dirty books” and magazines there. Fazio found two Penthouse magazines, a paperback book entitled “Sex in Later Life” that described sex acts in text, and a small Copenhagen chewing tobacco can that contained a pipe-cleaner bent into a figure of a person masturbating. One Penthouse magazine also had two additional pages of pictures from another magazine showing men and women engaging in sex acts.

Fazio returned to the police station and confronted defendant with these items.

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

Related

People v. Farris
2021 IL App (2d) 190960-U (Appellate Court of Illinois, 2021)
People v. Boling
2021 IL App (4th) 200003-U (Appellate Court of Illinois, 2021)
People v. Perez
2021 IL App (1st) 180765-U (Appellate Court of Illinois, 2021)
In re Marriage of Miller
2015 IL App (2d) 140530 (Appellate Court of Illinois, 2015)
Blackburn v. Illinois Central Railroad Company
Appellate Court of Illinois, 2008
People v. Land
853 N.E.2d 937 (Appellate Court of Illinois, 2006)
Snelson v. Kamm
745 N.E.2d 128 (Appellate Court of Illinois, 2001)
People v. Simpkins
Appellate Court of Illinois, 1998
Holder v. Caselton
657 N.E.2d 680 (Appellate Court of Illinois, 1995)
People v. Giles
635 N.E.2d 969 (Appellate Court of Illinois, 1994)
People v. C.H.
626 N.E.2d 359 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 1010, 241 Ill. App. 3d 1066, 182 Ill. Dec. 476, 1993 Ill. App. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-land-illappct-1993.