People v. Leggans

625 N.E.2d 1133, 253 Ill. App. 3d 724, 193 Ill. Dec. 12, 1993 Ill. App. LEXIS 2034
CourtAppellate Court of Illinois
DecidedDecember 27, 1993
Docket5-91-0306
StatusPublished
Cited by24 cases

This text of 625 N.E.2d 1133 (People v. Leggans) 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. Leggans, 625 N.E.2d 1133, 253 Ill. App. 3d 724, 193 Ill. Dec. 12, 1993 Ill. App. LEXIS 2034 (Ill. Ct. App. 1993).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Defendant, Charles Leggans, was charged in the circuit court of Jackson County with two counts of aggravated criminal sexual assault for the July 14, 1989, sexual assault of his niece, S.C. (count I), and the July 15, 1989, sexual assault of R.L., the daughter of defendant’s fiancee (count II). Defendant’s first jury trial in March of 1990 ended in a mistrial when the jury could not reach a unanimous verdict. A second jury trial in February of 1991 resulted in convictions on both charges. Defendant was sentenced to a 10-year term of imprisonment on count I and a 12-year term of imprisonment on count II, with the sentences to run consecutively.

On appeal, defendant asserts that (1) he was denied his constitutional right to a public trial through the court’s exclusion of all but his immediate family and the press from the courtroom during the testimony of the complainants; (2) he was denied a fair trial through the introduction of irrelevant and immaterial evidence concerning his substance abuse, including evidence allegedly admitted in violation of the therapist/patient privilege; (3) the trial court erred in precluding presentation of evidence that the complainants had previously been victims of sexual abuse; (4) expert testimony about child sexual abuse accommodation syndrome was improperly admitted in the State’s case in chief without sufficient foundation; (5) the prosecutor improperly vouched for the credibility of the State’s evidence and witnesses; and (6) the trial court considered improper aggravating factors in sentencing the defendant and abused its discretion by ordering that his sentences be served consecutively.

Initially, we note with disapproval that both defendant and the State refer in their briefs to the victims by their full names. This practice should be discontinued.

Prior to the second trial, the trial court granted the State’s motion to exclude the public from the courtroom during the complainants’ testimony, as it had for the first trial. Defendant maintains on appeal that his right to a public trial was abrogated through this exclusion. We disagree.

Under section 115 — 11 of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1991, ch. 38, par. 115-11 (now 725 ILCS 5/ 115 — 11 (West 1992))), the trial court may in its discretion exclude all persons who in the opinion of the court do not have a direct interest in the case, except the media, during the testimony of the victim of certain sex offenses, including the one charged in the case herein, where the victim is under the age of 18. Both of the complainants in the case at bar were under the age of 18. Defendant asserts that the State failed to show that there was an overriding interest which would be prejudiced if the State’s motion to exclude all persons not having a direct interest in the case during the minors’ testimony was not granted; the trial court failed to make findings in support of its conclusion that exclusion was necessary; the trial court did not consider reasonable alternatives to closing the courtroom; and the exclusion order was broader than necessary to protect the interests of the minors. Defendant argues that the record is not sufficient to show that the trial court considered the proper factors and then made a reasoned decision to exclude everyone but the defendant’s father and mother and the press.

In People v. Holveck (1990), 141 Ill. 2d 84, 100, 565 N.E.2d 919, 927, the supreme court found that section 115 — 11 was constitutional through its narrow limitation to a discretionary closure which did not permit exclusion of the media in criminal cases. Furthermore, closure was limited to only the time when the minor victim testified. The Holveek court found that although the judge did not make a formal declaration of the reasons for closing the courtroom, such reasons were demonstrated in the record: the discomfort the young child would experience in testifying before a crowd in the courtroom and the need to prevent the possibility of emotional disturbance for the child who was testifying. Holveek, 141 Ill. 2d at 101, 565 N.E.2d at 926.

There is no absolute right of the public to access to criminal trials. (Richmond Newspapers, Inc. v. Virginia (1980), 448 U.S. 555, 581, 65 L. Ed. 2d 973, 992, 100 S. Ct. 2814, 2829.) Where an overriding interest exists because of a need to preserve higher values, and an exclusion is narrowly tailored to serve that interest, the presumption of an open criminal trial may be overcome. (Waller v. Georgia (1984), 467 U.S. 39, 46, 81 L. Ed. 2d 31, 38, 104 S. Ct. 2210, 2215.) It is essential that the overriding interest be sufficiently supported by specific facts such that, upon review, the court may determine the propriety of the closure. Holveck, 141 Ill. 2d at 100, 565 N.E.2d at 926, citing Press-Enterprise Co. v. Superior Court (1984), 464 U.S. 501, 510-11, 78 L. Ed. 2d 629, 639, 104 S. Ct. 819, 824.

Although the trial court did not make a formal declaration of the reasons for closing the courtroom, the record herein clearly shows the reasons for the closure. The State’s Attorney argued that closure was necessary to protect the interests of the minor victims and that the presence of the media ensured the defendant would receive a public trial. The trial court recognized the needs of the defendant to have support, in that it allowed defendant’s mother and father to remain with him in the courtroom during the testimony of the children, as well as allowed the media to be present. A reading of the record as a whole shows that the trial court was aware of the competing interests of the minor witnesses and their need to be protected from undue trauma, as well as the defendant’s need to have the support of his family during their testimony. The trial court applied the discretionary closure provided for in the statute in a narrow fashion, limiting the closure to the time during which the children testified and allowing the media to remain during their testimony. The statutory guidelines were adhered to, and the trial court did not overstep the authority conferred upon it, because its discretion was applied in a fashion which was no broader than necessary to protect the interests of the minors. People v. Benson (1993), 251 Ill. App. 3d 144,149.

Defendant’s second allegation is that he was denied a fair trial through the introduction of evidence concerning his difficulties with alcohol and drugs and the rebuttal testimony of Greg Dillard, an employee of the Fellowship House, a substance abuse rehabilitation center. Defendant maintains that this evidence was improperly admitted because it was irrelevant and immaterial. This argument, too, is without merit.

In his case in chief, defendant testified that he was unable to drink much alcohol because he had ulcers. During cross-examination, defendant asserted that he drank 3x/2 beers on the night of the assault on S.C. He was impeached with his testimony from the first trial, where he testified that he drank a couple of beers on the night in question.

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Cite This Page — Counsel Stack

Bluebook (online)
625 N.E.2d 1133, 253 Ill. App. 3d 724, 193 Ill. Dec. 12, 1993 Ill. App. LEXIS 2034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leggans-illappct-1993.