People v. Pellet

2024 IL App (4th) 231519-U
CourtAppellate Court of Illinois
DecidedSeptember 10, 2024
Docket4-23-1519
StatusUnpublished
Cited by1 cases

This text of 2024 IL App (4th) 231519-U (People v. Pellet) 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. Pellet, 2024 IL App (4th) 231519-U (Ill. Ct. App. 2024).

Opinion

NOTICE 2024 IL App (4th) 231519-U This Order was filed under FILED Supreme Court Rule 23 and is September 10, 2024 not precedent except in the NO. 4-23-1519 Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Woodford County NORMAN R. PELLETT, ) No. 23CF21 Defendant-Appellant. ) ) Honorable ) Charles M. Feeney III, ) Judge Presiding.

JUSTICE GRISCHOW delivered the judgment of the court. Presiding Justice Cavanagh and Justice Vancil concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed, concluding the evidence was sufficient to sustain defendant’s conviction for criminal sexual abuse.

¶2 Following a bench trial, defendant, Norman R. Pellett, was found guilty of one

count of criminal sexual abuse (720 ILCS 5/11-1.50(a)(1) (West 2022)). The trial court

sentenced defendant to 24 months of conditional discharge. Defendant appeals, arguing the State

did not prove him guilty beyond a reasonable doubt. For the reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 A. Defendant’s Charge

¶5 On January 17, 2023, the State charged defendant by information with one count

of criminal sexual abuse (id.) stemming from an incident that occurred on January 14, 2023,

between defendant and the victim, L.S. The State alleged defendant “committed an act of sexual conduct by use of force with [L.S.] by placing his penis on the vagina of [L.S.]” while he was a

resident of the El Paso Health Care Center (El Paso Health) where L.S. was a certified nursing

assistant (CNA).

¶6 B. Bench Trial

¶7 On May 22, 2023, defendant waived his right to a jury trial. The trial court

conducted a bench trial on October 11, 2023.

¶8 1. The State’s Evidence

¶9 a. L.S.

¶ 10 L.S. testified she had been a CNA for 34 years and had worked at El Paso Health

for 14 months. On January 14, 2023, L.S. began her shift at El Paso Health at 2 p.m. and was

scheduled to work until 10 p.m. On that day, defendant was in a wheelchair. At approximately 5

p.m., L.S. was walking down defendant’s hallway with laundry when defendant approached her

and “wanted [her] to look at a sweater to see if it would fit maybe another resident because it was

too small for him.” L.S. did not find this request to be out of the ordinary, as the residents “like

to share their clothes with other residents that are less fortunate.” L.S. then walked behind

defendant as he wheeled himself to his room. Nobody else was in the room when L.S. and

defendant entered, and L.S. did not see a sweater. The door to the room remained open.

Defendant stood up from the wheelchair and turned around towards L.S. The wheelchair rolled

away from defendant. Defendant told L.S. “the sweater is not what he really wanted.” Defendant

then grabbed L.S.’s scrub shirt with his right hand and pulled her closer to him. Defendant let go

of L.S. and then, with his right hand, pulled his pants down and pulled L.S.’s pants and

underwear down. L.S. tried to push defendant’s hand away. Defendant started to rub his erect

penis on L.S.’s vagina. While there was no penetration, there was still “skin-to-skin” contact.

-2- L.S. “kind of blacked out” and “froze a little bit,” which is why she did not run away at that

moment. L.S. then told defendant she thought she heard his roommate nearby and was thus “able

to break away from [defendant]” and “r[u]n down the hall” to the nurses’ station. L.S. was

“hysterical.” L.S. “told the nurses that [defendant] attempted to rape [her.]” L.S. went into the

break room and her coworkers called the police and an ambulance. L.S. was “crying,” “upset,”

“nervous,” “scared,” and “a mess.” L.S. spoke with El Paso police officer Charles Barth and was

thereafter taken to a hospital to be examined. L.S. was at the hospital for two to three hours.

¶ 11 b. Rebecca Travis

¶ 12 Rebecca Travis was one of L.S.’s coworkers at El Paso Health and was working

on January 14, 2023. Travis heard L.S. scream. Travis ran around the corner, saw L.S. running

down the hallway “hysterical,” and heard her say, “[H]e raped me, he raped me.” Travis and

other coworkers took L.S. into the break room, where L.S. repeated that defendant raped her. A

coworker called the police, who arrived shortly thereafter with paramedics. When L.S. was being

taken out of El Paso Health to be transported to the hospital, “she was still hysterical, crying,

screaming, scared to death. Still saying that [defendant] had raped her. And she still was not

calm when she did leave.”

¶ 13 c. Officer Charles Barth

¶ 14 El Paso police officer Charles Barth responded at approximately 5 p.m. on

January 14, 2023, to the call from El Paso Health regarding an alleged sexual assault. Upon

arrival, Officer Barth proceeded to the break room, where he met with L.S. Officer Barth

explained L.S. “was visibly distraught and being comforted by her co-workers. She was crying,

shaking, in an almost fetal position while sitting there.” L.S. informed Officer Barth “that she

was lured into [defendant’s] room where [he] pulled down her pants and stuck his penis between

-3- her legs making contact with her vagina.” Officer Barth spoke with defendant and asked what

happened between him and L.S. Defendant “denied having any contact with [L.S.] at that time”

and said he was only going to show L.S. a sweater in his room. Officer Barth saw the sweater on

defendant’s bed. Defendant then told Officer Barth he gave L.S. “a hug” while they were down

the hallway before going to his room. (L.S. confirmed this.) When the officer indicated he would

be investigating the incident further, defendant “changed his story.” Specifically, defendant

reported L.S. “came on to him” and “there was a consensual sexual encounter with [L.S.] where

she began rubbing the outside of his clothed pants, rubbing the outside of his penis, and then

removed his penis from his pants and placed it between her legs.” Defendant was “cool, calm,

and collected” at this point in the conversation. But after admitting he had sexual contact with

L.S. and being informed he was being arrested, defendant “became hysterical.” Officer Barth

then left El Paso Health and followed the ambulance to the hospital where L.S. would undergo a

sexual assault examination. Officer Barth remained with L.S. for approximately two to three

hours. L.S. was upset the entire time.

¶ 15 2. Defendant’s Evidence

¶ 16 a. Jody Burdell

¶ 17 Jody Burdell was a resident of El Paso Health for a little over one year and was

defendant’s roommate for approximately eight months. In the evening on January 14, 2023, Jody

saw defendant wheel himself to the nurses’ station with a sweater, asking if anyone wanted it.

L.S. took it and asked if she could keep it. According to Jody, L.S. said “[s]he wanted to smell

his smell.” Jody thought he saw L.S. kiss defendant on the neck, but it was possible she merely

hugged him. Jody saw defendant go back to his room alone. Jody then went outside to smoke.

-4- When Jody came back inside, he saw L.S on a stretcher crying. Jody went back to his room and

saw defendant speaking with police.

¶ 18 b. Defendant

¶ 19 Defendant had lived at El Paso Health for 13 months due to a traumatic brain

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Hocker
2025 IL App (4th) 241536-U (Appellate Court of Illinois, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
2024 IL App (4th) 231519-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pellet-illappct-2024.