People v. Letcher

899 N.E.2d 315, 386 Ill. App. 3d 327, 326 Ill. Dec. 98, 2008 Ill. App. LEXIS 1054
Appellate Court of Illinois·Decided October 24, 2008·No. 2-07-0699·Published·Cited by 31 cases

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Defendant, Christopher E. Letcher, appeals his conviction of eight counts of predatoiy criminal sexual assault of a child (720 ILCS 5/12— 14.1(a)(1) (West 2006)). He contends that there was insufficient evidence of the number of incidents and their dates to convict him on all counts. We determine that there was sufficient evidence on six of the eight counts. Accordingly, we affirm defendant’s convictions on six counts and reverse his convictions on two counts.

I. BACKGROUND

On May 3, 2007, defendant was charged by information with 14 counts of predatory criminal sexual assault of a child. On July 31, 2007, a bench trial was held, and defendant was found guilty of eight counts. Six of those counts alleged that defendant knowingly committed an act of sexual penetration against his daughter, K.J.L., by placing his penis in her vagina “on or about” the following dates: August 2005, January 2006, February 2006, April 2006, May 2006, and September 2006. One count alleged that defendant committed an act of sexual penetration by placing his penis on K.J.L.’s mouth on or about December 2006, and another alleged that he placed his tongue on her vagina, also on or about December 2006. Defendant did not object to the amount of specificity in the information.

At trial, Brad Sibley, a police detective, testified that on January 21, 2007, he interviewed defendant in connection with the allegations. Sibley told defendant that K.J.L. reported an “inappropriate relationship” between defendant and herself. Defendant responded that he did not have intercourse with K.J.L. but stated that, in approximately January 2006, he touched her breasts and vaginal area over her clothing. Defendant stated that K.J.L. initiated the sexual contact. Defendant also admitted to similar touching over KJ.L.’s clothing in February 2006. Defendant told Sibley that on a third occasion he touched KJ.L.’s breasts under her clothing and rubbed her vaginal area under her clothing, but over her underwear.

Defendant also admitted a fourth incident that occurred in approximately September 2006, stating that K.J.L. kissed his penis for a few seconds. According to Sibley, defendant then said that the fourth incident progressed from there and that he kissed or licked KJ.L.’s vaginal area. Sibley told defendant that K.J.L. had disclosed something similar, but she had indicated that it occurred in December 2006. Defendant conceded that that time frame was possible. When defendant was told that K.J.L. also reported that they had intercourse, defendant adamantly denied it.

In order to establish a time frame for when the offenses occurred, K.J.L. and her mother testified to K.J.L.’s age, where she lived, and the friends she played with. For example, in August 2005, the family was living in what was referred to as the “old house,” and K.J.L. played with her friends Z. and M. In August 2006, the family moved to the “new house,” where K.J.L. played with her friend A.

K.J.L. testified that beginning in 2005, when she was six and living at the old house where she played with Z. and M., defendant “used his private parts on me.” She clarified that the term “private parts” referred to his penis. K.J.L. stated that “he used them on my bottom and my vagina” and that “he pushed them in and out.” She later stated that defendant used his hands “in my vagina, bottom, and breast.” K.J.L. testified that defendant would remove her clothes and that he “captured” her and “trapped” her on the bed when she tried to run away. The incidents took place in defendant’s bedroom when K.J.L.’s mother was not home. When asked how many times defendant did these things, but without specifying penile penetration, K.J.L. responded, “too many times to remember” and that it was “a lot” of times.

K.J.L. testified that after they moved to the new house, where she played with her friend A., defendant again touched her in ways she did not want to be touched and that he “used the same technique he did at the old house.” When asked to clarify what happened in the new house, she stated that “[h]e used his penis on my bottom again, his penis on my vagina again, he used his hands on my boobs again, my hands on my vagina again, and my hands on my butt again.” When asked how many times he did this, she answered, “too many times to remember.”

When asked to remember the last time “he did this to you,” K.J.L. said that it was two days before Christmas and stated: “He used his penis on my butt — butt again, he used his penis on my vagina again, he used his hands on my bottom again.” K.J.L. stated that he also tried to put his penis in her mouth about six times, that she shut her mouth tight, and that he put his penis on her lips. K.J.L. was then asked if defendant ever placed his mouth anywhere on her body. She answered “yes” and stated that defendant put his mouth on “my butt, my vagina, and my boobs *** too many times to remember.”

After a break in the testimony, K.J.L. was asked to clarify how many times the events concerning her “behind,” “breasts,” and “vagina” occurred. K.J.L. said that it was like watching Star Wars “for the rest of your life and keep rewinding it *** and keep watching it *** [a]nd not doing anything but watch it.” After another break in the testimony, the following colloquy occurred between the State and K.J.L.:

“Q. *** Why are you angry with [defendant]?
A. Because he touched me in unavailable places that he wasn’t supposed to.
He He*
Q. And so you’re mad that your father touched you in these ways?
A. Yes.
Q. But you wouldn’t lie about this, would you?
A. No, I would never lie about it.
Q: Because it’s important to tell the truth?
A. Yes.
Q. And when we’re talking about that it happened so many times that you can’t remember, did it — it happened all — a lot, didn’t it?
A. (Indicates affirmatively.)
Q. Can you even guess as to how many times it happened?
***
A. No.
***
Q. But you can count up to five, right?
A. (Indicates affirmatively.)
Q. Yeah. You’re in third grade so you should easily be able to count up to five. Did it happen more than five times?
A. Yes.”

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People v. Letcher, 899 N.E.2d 315, 386 Ill. App. 3d 327, 326 Ill. Dec. 98, 2008 Ill. App. LEXIS 1054 (Ill. Ct. App. 2008).

899 N.E.2d 315 (People v. Letcher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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