People v. Maguire

769 N.E.2d 1085, 329 Ill. App. 3d 1186, 264 Ill. Dec. 248, 2002 Ill. App. LEXIS 400
CourtAppellate Court of Illinois
DecidedMay 16, 2002
Docket5-00-0524
StatusPublished
Cited by3 cases

This text of 769 N.E.2d 1085 (People v. Maguire) 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. Maguire, 769 N.E.2d 1085, 329 Ill. App. 3d 1186, 264 Ill. Dec. 248, 2002 Ill. App. LEXIS 400 (Ill. Ct. App. 2002).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

After a jury trial in the circuit court of Madison County, Mark Maguire (defendant) was convicted of predatory criminal sexual assault of a child (720 ILCS 5/12 — 14.1(a)(1) (West 1998)). Thereafter, the trial court found defendant to be a habitual criminal pursuant to section 33B — 1 of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/33B — 1 (West 1998)) and sentenced defendant to life in prison. On appeal, defendant contends that (1) his conviction must be reversed because the State failed to prove that he was the person who committed the crime, (2) the trial court deprived him of his rights to compulsory process and due process by preventing him from compelling the testimony of the child victim at the reliability hearing, and (3) section 33B — 1 of the Criminal Code, under which he was found to be a habitual criminal, violates a defendant’s constitutional rights to due process and a trial by jury as set forth by the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). We affirm.

FACTS

The victim was four years old when she alleged that defendant molested her by placing his penis in her mouth. Defendant and his family lived in the same trailer park as the victim and her family. Prior to the trial, the State notified defendant that pursuant to section 115 — 10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 — 10 (West 1998)), it intended to introduce statements allegedly made by the victim to Susan Redmon, Sergeant Larry Coles, Kris J., M.J., S.J., and Lieutenant Jack Stalcup. The trial court then set the matter for a reliability hearing to determine whether the hearsay testimony was sufficiently reliable. Defendant subpoenaed the victim to testify at the reliability hearing. The State moved to quash the subpoena. The trial court granted the State’s motion to quash.

The six witnesses listed by the State in its notice of intention to admit hearsay statements testified at the reliability hearing. Sergeant Larry Coles testified that on July 25, 1999, he was dispatched to the home of Kris J., the victim’s mother, where he spoke with both Kris and the victim. Sergeant Coles asked the victim to tell him what happens when she goes to defendant’s house to play. The victim initially hesitated, but after being reassured by her mother, she told Coles that defendant pulls down his pants in the living room when his son, J.D., goes outside to play. Defendant then gets under some covers with the victim and puts his “wiener” in her mouth. The victim said that this happened a lot. It occurs when Diane, defendant’s wife, is at work.

Upon completing the interview with the victim, Sergeant Coles telephoned his supervisor, Lieutenant Stalcup. Stalcup told Coles to ask the victim and her mother to come to headquarters so he could speak to them. Stalcup and Coles then interviewed the victim together at the police station. The victim’s mother was also present. Coles asked the victim to tell Lieutenant Stalcup what happens when she plays at defendant’s house. The victim said that defendant tells his son, J.D., to go outside and play. She and defendant then lie on the couch under the covers. Defendant then pulls down his pants and puts his “wiener” in her mouth. Defendant tells her not to tell anyone. He also gives her candy and lets her play with his kittens afterwards. Sergeant Coles specifically asked the victim whether she saw defendant’s underwear. The victim said that she did not because defendant does not wear underwear. The victim said she is afraid of defendant. The victim said that she keeps her clothes on under the covers and denied that defendant ever touched her anywhere else.

Lieutenant Stalcup observed Sergeant Coles interview the victim at police headquarters while the victim’s mother was in the room. Stalcup reiterated Coles’ testimony about the interview. Stalcup also testified that later that day he and Coles went to defendant’s house and placed defendant under arrest. The next day, Stalcup interviewed M.J., one of the victim’s brothers. M.J. told him that the week before defendant’s arrest, defendant babysat for him, his two brothers, and the victim and spanked all of them because they were fighting. According to Stalcup, M.J. did not seem mad about being spanked. M.J. also told Stalcup that he had walked over to defendant’s trailer looking for the victim. When he entered, he saw the victim’s head pop out from underneath covers on the couch. Defendant was also on the couch.

Susan Redmon, a Department of Children and Family Services (DCFS) employee, went to the South Roxana police department at Lieutenant Stalcup’s request for assistance with the instant case. Redmon met with the victim and her mother in a small room at police headquarters. Redmon stated that the mother was present but did not interfere with Redmon’s interview of the victim. According to Redmon, the victim could distinguish her “fake” stuffed duck from her “real dog,” could count, and knew her colors. Redmon testified that the victim used the words “butt” and “pee-pee” and “wiener” for the parts of anatomically correct dolls. Redmon recalled that without being specifically asked, the victim started talking about her neighbor J.D. and his father and mother. The victim told Redmon that defendont did a bad thing to her. She said that defendant did something bad while J.D. was outside playing and defendant’s wife, Diane, was at work. She said that she and defendant would be under the blankets on the couch and that defendant would have his pants down around his feet. The victim said she did not remove any of her clothes. The victim told Redmon that after they were under the covers, defendant would put his “wiener” in her mouth and that his “wiener” would go in and out of her mouth. The victim said that her brothers were outside, except on one occasion when her brother M.J. saw her with her head under the covers.

The victim told M.J. what defendant did to her. According to Redmon, the victim then said that M.J. “told on her” to her mother. Redmon specifically asked the victim about his underwear, and the victim replied that defendant does not wear underwear. The victim also said that sometimes when defendant put his “wiener” in her mouth it would make her cough. Redmon testified that the victim’s concept of time was not good, but the victim did tell her that it was warm out when it occurred and that it happened more than once.

Kris J. testified that she lives with her boyfriend and four children, including the victim, in a trailer park. Her trailer and defendant’s trailer are separated only by a vacant lot. Defendant’s son, J.D., is approximately IV2 years older than the victim. The two children often played together, and the victim spent time at defendant’s" trailer. Defendant and his family got along well with the victim’s family. On occasion, Kris saw the victim and defendant lying together underneath a blanket on defendant’s couch. Kris’s sons were not allowed in defendant’s trailer.

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Related

People v. Johnson
845 N.E.2d 645 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
769 N.E.2d 1085, 329 Ill. App. 3d 1186, 264 Ill. Dec. 248, 2002 Ill. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maguire-illappct-2002.