People v. March

620 N.E.2d 424, 250 Ill. App. 3d 1062, 189 Ill. Dec. 456, 1993 Ill. App. LEXIS 1326
CourtAppellate Court of Illinois
DecidedSeptember 2, 1993
Docket4-92-0707
StatusPublished
Cited by12 cases

This text of 620 N.E.2d 424 (People v. March) 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. March, 620 N.E.2d 424, 250 Ill. App. 3d 1062, 189 Ill. Dec. 456, 1993 Ill. App. LEXIS 1326 (Ill. Ct. App. 1993).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Following a jury trial in the circuit court of McLean County, defendant was convicted of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 14(b)(l)) and sentenced to 14 years’ imprisonment, to run consecutively to a six-year sentence imposed on revocation of probation in another case. The instant charge alleged that defendant, who was over the age of 17, committed an act of sexual penetration with D.C., a child of approximately two years of age. On October 9, 1991, a hearing was held pursuant to section 115— 10(b)(l) of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1991, ch. 38, par. 115 — 10(b)(l)) in order to determine admissibility of the victim’s out-of-court statements. The trial court ruled there were sufficient safeguards of reliability to admit the statements under the exception to the hearsay rule provided by section 115 — 10 of the Code. The defendant’s first trial ended in a hung jury. He was convicted by a jury on retrial. On appeal, defendant contends (1) the State faded to prove his guilt beyond a reasonable doubt, (2) the trial court erred in admitting evidence of the victim’s out-of-court statements because there were insufficient safeguards of reliability, and (3) at sentencing, the trial court improperly considered, as a factor in aggravation, his decision to not make a statement on his own behalf.

Defendant was 24 years of age at the time of trial and had been a friend of Julie Casey since the summer of 1990. During that summer, defendant stayed at Casey’s apartment a couple days each week, along with two other roommates. During this time, Casey’s daughter D.C. lived with Casey’s brother. In March 1991, someone tried to break into Casey’s apartment. Because Casey no longer felt safe living in that apartment, she accepted defendant’s offer to temporarily move to the small house he shared with a roommate, Jonathan Hulvey. Casey, who was pregnant with a second child, moved in with her two-year-old daughter on March 6, 1991, bringing along a seven-day supply of clothing for each of them, plus a few toys for the child. Sleeping arrangements varied from day to day. The house had only two bedrooms, so Casey and her daughter sometimes slept together on the sofa and other times in defendant’s bed. Defendant slept either on the sofa or together with Casey and her daughter in his bed. Defendant and Casey never engaged in sexual relations.

On April 22, 1991, Casey saw her daughter sitting on a chair with her legs spread out and her index finger in her vagina. She told her to stop it, warning her that she would hurt herself. D.C. replied, “Scott did it, Mommy.” Casey asked her what it was that Scott did, and D.C. replied, “Scott puts his finger there.”

Although defendant’s full name is Franklin Scott March, he is known by the name Scott. At the pretrial hearing, Casey testified that defendant was the only “Scott” D.C. had known. At trial, she stated that D.C. actually knew one other Scott, a playmate D.C. had not seen since the previous summer and who was known as “Scotty.” Later at trial, it was learned from another witness that D.C. had met someone named Scott Rhodes, but D.C. referred to him as “Darren.”

Casey became very upset when D.C. told her what Scott had done. She immediately called a crisis center, where she was advised to contact the family physician and the police. She then called a friend, Elizabeth Dmec, and asked that she come over as soon as possible. When Drnec arrived, Casey told D.C. to show Dmec what Scott had done to her. (According to Dmec, Casey merely told D.C. to show what she had showed Mommy.) D.C. responded by putting her finger in her vagina. Dmec then called some friends to drive them to the emergency room.

While they waited, Casey examined D.C.’s vaginal area and observed that it was red. D.C. said it was sore when she went to potty and took baths. Casey offered conflicting testimony regarding the time that the alleged sexual abuse occurred. At the pretrial hearing, she was asked on direct examination:

“Q. [By prosecutor:] Did [D.C.] ever say when this happened?
A. [By Casey:] No. She told me that night, and so I had thought it happened — [i]t had to have happened recently, when we were staying there.
* * *
Q. Okay. And was there any statement by [D.C.] regarding being put to bed?
A. Yeah, when I asked [D.C.] when it had happened I thought maybe she would say — I don’t know what I thought she would say. She just said, ‘When I was in bed sleeping.’ ”

At the hospital, D.C. had her vital signs taken and was then placed in an examination room, accompanied by her mother and Dmec. While D.C. was sitting on the treatment table, she began putting her finger back in her vagina. Her mother told her to stop doing it and reminded her she could hurt herself. According to Dmec, D.C. replied, “But Scott does it.” According to Casey, she only said, "Okay, Mom.”

The initial examination was performed by Nurse Yoder, who said that D.C. had complained to her mother about redness in her vaginal area. Yoder spoke with Casey and then questioned D.C. through her mother about “why she was hurt and whatever.” D.C. responded by pointing to her vaginal area and said, “Scott touches me down there when he is tired and goes to sleep.” Yoder took a medical history for the child and learned from Casey that she had a history of bedwetting in the last six weeks. (Casey and D.C. moved in with defendant six weeks and five days prior to this examination.) Yoder testified it was possible that the vaginal redness was caused by frequent wetting.

Dr. McEntyre examined D.C. and found redness in the genital area and also the absence of a hymen. Although it is possible D.C. was bom without a hymen, he testified it is about a 99% probability that she had one at birth. Dr. McEntyre found no signs of bleeding. He stated that it is common to have bleeding when a hymen is ruptured, but it does not always occur. If the hymen had been ruptured a few days before his examination, he would not have expected to see blood. Casey testified that she never saw blood on D.C. or on her diapers, but explained that she was never looking for it. Dr. McEntyre stated that a ruptured hymen could produce anywhere from a moderate amount of bleeding to barely noticeable bleeding.

Dr. McEntyre agreed with the prosecutor’s hypothetical scenario that D.C.’s missing hymen was consistent with someone placing his index finger in her vagina. On cross-examination, he acknowledged he had no idea how long the hymen had been gone, assuming it ever existed. He also stated it could, in rare cases, disintegrate on its own, without trauma. Finally, he agreed that the hymen could rupture if the child inserted her own finger or some other object such as a crayon.

D.C. was tested for a urinary tract infection to determine the cause of the vaginal redness. D.C. had been diagnosed in January with a urinary infection, which caused vaginal redness through February. The current test was negative. Tests for sexually transmitted diseases were also negative. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
620 N.E.2d 424, 250 Ill. App. 3d 1062, 189 Ill. Dec. 456, 1993 Ill. App. LEXIS 1326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-march-illappct-1993.