People v. MacK

576 N.E.2d 1023, 216 Ill. App. 3d 239, 160 Ill. Dec. 69, 1991 Ill. App. LEXIS 1144
CourtAppellate Court of Illinois
DecidedJune 28, 1991
Docket1-88-0902
StatusPublished
Cited by6 cases

This text of 576 N.E.2d 1023 (People v. MacK) 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. MacK, 576 N.E.2d 1023, 216 Ill. App. 3d 239, 160 Ill. Dec. 69, 1991 Ill. App. LEXIS 1144 (Ill. Ct. App. 1991).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

A jury convicted the defendant, John Mack, of aggravated criminal sexual assault; he was sentenced to a term of 30 years in the Illinois Department of Corrections. He contends that he was not proved guilty beyond a reasonable doubt and that the judge erred when he permitted the eight-year-old prosecutrix to testify.

Before trial the defendant filed a motion in limine to preclude the testimony of S.R., who was eight years old. On direct examination, S.R. testified that she had three brothers and one sister. She was in second grade and lived with her grandparents. She knew her colors and the days of the week. She knew the difference between the truth and a lie, but she did not know the name of the city where she lived.

On cross-examination, she stated the assistant State’s Attorneys told her what to say. They rehearsed the questions and answers a number of times. She then said she did not know the difference between the truth and a lie; she did not know what a courtroom was; and she could not read, print or add numbers.

On redirect examination, she said that the assistant State’s Attorneys did not give her the answers to the questions; they were her own answers.

On re-cross-examination, she said that the assistant State’s Attorney told her what to say. She told her what to tell the judge about what happened with the defendant; she did not know the difference between the truth and a lie.

Before ruling, the judge asked S.R. what color a particular book was, and S.R. answered correctly. The judge found S.R. to be “plainly competent” and denied the motion to bar her testimony.

She testified that she lived with her grandparents, Rose and Earl. She used to live with her mother, Sherlie Ann Richardson, her grandmother, Gracie Farr, and her Uncle Neil. Her brothers, Anthony, Cortes and Fonzo, and sister, Crystal, also lived there.

She was in bed in her mother’s room when the defendant (Pumpkin) woke her up. He was taking off his shoes and shirt, and then he got into bed with her. He took off her panties and started licking her “cat” with his tongue. She stood up and showed the jury where the defendant was licking her by pointing to her vagina. She also showed the jury how the defendant licked her by using her fingers in a repeated motion from front to back.

After the defendant began licking her, he slapped her in the left cheek. She screamed for her grandmother, and the defendant told her to shut up. She then asked to go to the bathroom, but the defendant said, “No.” She then “peed” in the bed because “she had to go to the bathroom.” The defendant then started licking her vagina again.

The next thing she remembered was that her brother Cortes, her Uncle Neil, and her Grandmother Gracie came into the room. Uncle Neil turned on the light and the defendant jumped up. Neil asked the defendant what he was doing, and the defendant said, “I thought it was a cat.” S.R. then went to her grandmother’s room with only a T-shirt on.

During her testimony, S.R. also used an anatomically correct doll to demonstrate what the defendant did to her. She took the doll’s panties off and said that the defendant started licking her in the vagina. She demonstrated by pointing to the vaginal area on the doll. She also used an open hand to show on the doll how the defendant slapped her left cheek as he told her to “shut up.” She also showed how the defendant covered her mouth with his hand as he told her to shut up, and how he bit her navel.

Later, while in her grandmother’s room, S.R. told her Uncle Neil that the defendant had “juiced” and slapped her. A few days later, some police came to her house and showed her photographs. She identified the defendant from the photographs and also identified him in court.

On cross-examination, she stated that she was telling the truth at her competency hearing when she testified that the prosecutor told her what to say about the defendant. She rehearsed the story "with the prosecutor over 10 times. She also stated that she talked to the police and told them of the incident; but she did not tell them that the defendant took off his pants. She also told social workers of the incident that the defendant put his thing in her vagina; but the thing she was referring to was his tongue. She was repeating the second grade and was making all “F’s.”

On redirect examination, she said that the prosecutor did not coach her. On re-cross-examination, she repeated that she was coached and that she did not know what the truth or a lie was.

Dr. Maria Cruz, a pediatrician, testified that she saw S.R. on December 23, 1986, in the pediatric emergency room at Mt. Sinai Hospital. She interviewed S.R. alone, and S.R. told her that her mother brought her to the hospital “because a John Mack or Pumpkin tried to *** suck her, bite her, juice her.”

Dr. Cruz testified that there was a “diffused or reddened area” on S.R.’s left cheek that was consistent with her having been slapped. She also stated that the examination of S.R. showed that her “labia were swollen and red.” Over S.R’s “left labial fold, there was a *** strand of hair which was thick, about 5 centimeters.” She testified that, since S.R. did not have pubic hair, that hair should not have been there. Her clinical findings were “definitely” consistent with “someone having licked [S.R.’s] vagina.”

S.R.’s uncle, Cornelius Farr, who is called Neil, testified that he was awake at 5 a.m. giving his grandmother some medicine. He let the defendant into the house. The defendant was looking for S.R’s. mother, Sherlie Ann. The defendant went to Sherlie Ann’s room, where S.R. was sleeping. Suddenly, Neil heard a scream coming from his sister’s room. He ran to the door with his mother and Cortes, S.R.’s brother, opened the door and turned on the light. He saw the defendant jump off his niece and off the bed. He asked the defendant what he was “doing to her.” The defendant said, “I thought it was a cat or something like that.”

Neil testified that S.R. was crying when he came into the room. She told him the defendant slapped her twice on her face; her face was red. She was wearing a top and no panties. Neil then sent her to her grandmother’s room. After a few minutes, S.R.’s mother came home, and she went with Neil to a pay phone to call the police. The defendant left when they went to call the police.

Cortes Farr testified that he was asleep at home when a knock on the front door woke him up. He answered the door with his Uncle Neil. The defendant was at the door and asked if Cortes’ mother, Sherlie Ann, was home. Neil said she was not home, and the defendant went to her room and closed the door. Cortes was talking to his uncle and grandmother when about three or four minutes later he heard his sister scream. S.R. was screaming, “Grandma.” When Cortes and Neil got to Sherlie Ann’s room, Neil opened the door and turned on the light. He saw “Pumpkin Mack with his head down by [his] sister’s vagina.” The defendant and S.R. were in the bed.

When Neil turned on the light, the defendant jumped up. Neil asked S.R. “What did he do?” S.R.

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Cite This Page — Counsel Stack

Bluebook (online)
576 N.E.2d 1023, 216 Ill. App. 3d 239, 160 Ill. Dec. 69, 1991 Ill. App. LEXIS 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mack-illappct-1991.