People v. Landis

593 N.E.2d 893, 229 Ill. App. 3d 128, 171 Ill. Dec. 73, 1992 Ill. App. LEXIS 731
CourtAppellate Court of Illinois
DecidedMay 12, 1992
Docket1-89-2486
StatusPublished
Cited by5 cases

This text of 593 N.E.2d 893 (People v. Landis) 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. Landis, 593 N.E.2d 893, 229 Ill. App. 3d 128, 171 Ill. Dec. 73, 1992 Ill. App. LEXIS 731 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Defendant, Darnell Landis, appeals his conviction by a jury of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12— 14) and 30-year sentence in custody of the Illinois Department of Corrections. On appeal he questions whether (1) his conviction was improperly based upon unreliable out-of-court statements; (2) his right to confrontation of witnesses was violated by the admission of the statements; (3) he was denied a fair trial due to closing argument remarks; and (4) his sentence was excessive.

During a pretrial competency hearing, held in accordance with section 115 — 10 (Ill. Rev. Stat. 1989, ch. 38, par. 115 — 10 (section 115 — 10)), the six-year-old victim, who was five years of age when assaulted, was questioned. She was unaware of the difference between the truth and a lie, but cognizant of punishment for lying. The meaning of an oath, the number of days in a week or months in a year, the day, month or time of year, and her present or previous location were beyond her knowledge. She was found incompetent and unable to understand the significance of the court and not allowed to testify.

To evaluate admissibility of the victim’s alleged out-of-court statements, the hearing continued. The victim’s mother testified that she lived with three of her four daughters in July of 1988, at which time defendant was her boyfriend of four months. On July 7 at 2 a.m., she went to sleep. Defendant was in her bed, and her daughters were in their bedrooms. No other men were inside the apartment, and the front and back doors were closed and locked. At 4 or 5 a.m., she awoke. Defendant was gone. Reasoning he was in the bathroom, she went back to sleep. Her daughter, who shared a bedroom with the victim, was in the mother’s bed. The victim had brought her there earlier that night.

At 8 a.m., she awoke to find defendant back in bed. On her way downstairs, she noticed that the victim, who was wearing a shirt and underpants when put in bed, was naked. She never before removed her own panties. The mother returned upstairs and entered the victim’s bedroom. White and brown substances were on the victim’s upper thigh above her vagina. She awoke and jumped. After being asked twice if “somebody been messing with you,” she asserted that defendant “stuck his thing in my t.t.” “Thing” was the word she used for penis, and “t.t.” was her word for vagina. This scenario occurred within 30 seconds from the time the victim woke. The victim indicated that this had happened once before. The mother left and called the police from a neighbor’s home. After the police spoke with the victim alone, the mother took her to the hospital, where it was learned that the victim had contracted gonorrhea.

On cross-examination the mother asserted that the victim told her defendant “stayed on her, did it to her until he did that stuff out.” Additionally, the mother heard defendant indicate to the police that he was “the one.”

Chicago police officer John Hett testified that on July 7 at 8:45 a.m., he and his partner arrived at the home in response to a domestic disturbance assignment. The mother met him outside. She asserted that the victim said “defendant put his thing in her t.t.” and that defendant was inside. He entered the residence, handcuffed defendant and proceeded upstairs. His partner remained with defendant.

The victim informed Officer Hett that “he put his thing in my t.t.,” indicating this had happened before. He observed the white and brown substances on the child. Although he first asserted the victim did not mention defendant by name, after reading his police report, he testified that she did so. He did not recall the minor recanting or reaffirming her statements and there was no indication of arguing between defendant and the mother. Defendant did not confess at the scene in the officer’s presence.

Chicago police detective Ernest Bell testified that he arrived at the house at 9 a.m. Defendant, whom he identified in court, was in custody. Inside the home, the victim asserted “he stuck his thing in my t.t.,” pointing to defendant. He spoke with her again at the hospital, where she repeated this accusation and affirmatively indicated a prior occurrence. Medical examination revealed redness and tenderness. The examining doctor observed a discharge and a white liquid outside of the vagina and on the stomach area.

On cross-examination, Detective Bell asserted the victim did not mention defendant by name. She related the occurrence to him. Defendant came into her bed while she was asleep. She awoke and he was there. He put his “thing” into her “t.t.” At the police station, she pointed to a doll’s vaginal area in reference to “t.t.”

Following argument, the court found the necessary indicia of reliability in relation to the victim’s statements made in the home. The mother and both officers were allowed to relate these statements at trial. The victim’s utterances at the hospital and police station were excluded. The case proceeded to trial.

At trial, the mother related the victim’s statements and testified to substantially the same sequence of events as at the preliminary hearing. She added that the victim would not speak of the events when defendant was present, and she had no prior reason to suspect sexual abuse in her household.

At trial, Officer Hett’s testimony also tracked that given at the pretrial hearing, noting that “a white, like a slimy substance” was around and above defendant’s crotch, around his zipper and on his underwear. He inventoried the pants and underwear, which were forwarded to the crime laboratory.

Pamela Fish, a seven-year Chicago police department criminalist, testified that she analyzed a vaginal smear and swab specimen, a pelvic swab specimen, a bed sheet, a pair of pants and a pair of defendant’s underwear. Semen stains were found on the pants and underwear. There was no semen or spermatozoa on the specimens or bed sheet. She acknowledged that if defendant did not climax inside the victim, the discovery of sperm would have been affected.

Dr. Jai Arya, who examined the victim at the hospital, testified that during a complete examination he observed that her vaginal area was swollen and tender and a sticky discharge was present. A growth of “gonoccoccus [sic]” indicated gonorrhea. The swollen vaginal area was possibly due to the gonorrhea or a penis, hand or other blunt injury. The minor might have been sexually abused. The hymen was not broken. At the time of the injury, he believed the sticky discharge could only have come from a penis. Due to its location and the injury, it did not come from the victim. He added that the victim could have contracted gonorrhea from earlier contact or a penis discharge lying in that area. He admitted the infection could have occurred due to a recent discharge on a bed sheet, which was sat on in such a way as to cause contact with the vagina, rectal area or mouth where there was a skin wound.

On redirect examination, Dr. Arya asserted that the bruise on both sides of the victim’s vulva area was consistent with some acute injury in that area; the abuse of which the victim complained was consistent with his observations; and the sticky substance came from someone who had gonorrhea.

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Bluebook (online)
593 N.E.2d 893, 229 Ill. App. 3d 128, 171 Ill. Dec. 73, 1992 Ill. App. LEXIS 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-landis-illappct-1992.