People v. Peters

586 N.E.2d 469, 224 Ill. App. 3d 180, 166 Ill. Dec. 511, 1991 Ill. App. LEXIS 2131
CourtAppellate Court of Illinois
DecidedDecember 26, 1991
Docket1-90-1561
StatusPublished
Cited by18 cases

This text of 586 N.E.2d 469 (People v. Peters) 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. Peters, 586 N.E.2d 469, 224 Ill. App. 3d 180, 166 Ill. Dec. 511, 1991 Ill. App. LEXIS 2131 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

Following a bench trial, the defendant, Barbara Peters, was found guilty of murder, aggravated battery of a child, cruelty to a child, and endangering the life of a child under a theory of accountability. Judgment was entered on the three murder counts, the court finding that all of the other counts merged into the murder counts. The defendant was sentenced to a 30-year term of imprisonment.

In her appeal, the defendant contends that she was not proved guilty of murder beyond a reasonable doubt because the State failed to prove that she could be held accountable for her son’s murder when she was not present at the time he was murdered by her boyfriend and did not perform any act specifically intending to facilitate his murder. Additionally, the defendant contends that even if the defendant can be deemed criminally liable for the death of her son, the defendant’s conduct amounted to a conscious disregard of an unjustifiable risk and her conviction should be reduced to involuntary manslaughter. The defendant also contends that the trial court erred in allowing the medical examiner to state opinions at trial that were beyond her expertise and without factual basis.

At 6:42 a.m. on December 17, 1987, 20-month-old Bobby Peters was brought to the emergency room at LaGrange Memorial Hospital by the defendant, his mother, and the codefendant, Kenneth Jacobsen, who had been the defendant’s boyfriend for six months. The emergency room staff was unsuccessful in its attempts to resuscitate Bobby, and he was pronounced dead at 6:47 a.m. The autopsy report stated that Bobby Peters died as a result of bilateral subdural hematomas which resulted from blunt head trauma.

The defendant and Jacobsen were charged in a 19-count indictment with the offenses of first degree murder, aggravated battery to a child, cruelty to a child, and endangering the life or health of a child. Their cases were severed prior to trial.

At trial, Bobby’s former baby-sitter, Karen Wagner, testified for the State. Wagner met the defendant in January 1987 at the bowling alley in Countryside, where they were both employed as waitresses. They became friends, and in April 1987, Wagner began baby-sitting four or five times a week for Bobby, who was then a year old.

The first time that Wagner noticed anything peculiar regarding Bobby’s physical condition was in early July 1987. The defendant had begun dating Kenneth Jacobsen the previous month. Wagner testified that Bobby had a diaper rash that was “red, raw, dry and it was cracking.” She telephoned the defendant’s father to obtain the name of their pediatrician, who prescribed an ointment.

Toward the end of July 1987, Wagner was again baby-sitting and while changing Bobby’s diaper, noticed a bruise that covered his entire buttocks. Wagner testified that she questioned the defendant about the bruise, and the defendant said she thought Bobby had fallen at Wagner’s home. Bobby was learning how to walk at the time, but Wagner testified that Bobby had never bruised himself to that extent any time he had fallen in her home.

In early August 1987, when Bobby came to Wagner’s home, he had small bruises on his cheeks, on his chin, and on his forehead. Wagner testified that Jacobsen told her that Bobby had fallen off the ladder of a slide. Wagner, however, did not observe any dirt or blood on Bobby’s clothes at the time. The defendant asked Wagner about the bruises and Wagner told her what Jacobsen had said. The defendant did not respond.

Later in August 1987, Jacobsen brought Bobby over to Wagner’s home and Bobby had four or five “bumpy-like welts” scattered around the center of his back. Jacobsen told Wagner that Bobby had fallen down an elevator shaft.

In the beginning of September 1987, Bobby came to Wagner’s home with a split on the inside and outside of his lower lip. The defendant told Wagner that Bobby had fallen on the sidewalk.

By this time, Jacobsen and the defendant were living together and Wagner baby-sat on weekends and Jacobsen watched Bobby during the week. Wagner stated that in October 1987, she invited Bobby to her home for her husband’s and son’s birthday party. The defendant brought Bobby to Wagner’s home dressed in his pajamas. When Wagner later changed Bobby’s diaper, she observed that the pajama was stuck to the back of his leg. Upon removing the pajama, Wagner testified that she saw an oval-shaped burn which measured about two to three inches in diameter running across Bobby’s calf. Wagner stated that the skin on Bobby’s leg was “raw and pussy.” Since the defendant had not mentioned anything about the burn, Wagner telephoned the defendant at work and asked her how Bobby received the burn. Wagner stated the defendant told her the burn was caused from Bobby’s clothes rubbing on the back of his leg. Wagner testified that during the time that Bobby had been in her care and worn slacks, she had never noticed a similar injury.

One week before Halloween, Wagner had a telephone conversation with the defendant in which the defendant told her that Jacob-sen had taken Bobby to the hospital because he had incurred another burn. The defendant told Wagner that Jacobsen had tripped over Bobby and spilled hot tea on the back of Bobby’s head and neck. Wagner testified that the defendant told her they were going to arrest Jacobsen for child abuse and the hospital was going to press charges against him.

The following day Wagner saw Bobby and described him as “walking stiff.” Wagner stated that Bobby could not move his head from side to side. When Wagner removed his shirt, she observed that the burn went “from the top of his scalp down his neck and one shoulder,” and “was very raw, very pussy, [and] his undershirt was stuck to it.”

On October 31, 1987, Wagner contacted the Department of Children and Family Services (DCFS) hotline and told them of Bobby’s bruises and burns. She told DCFS that in her opinion, Bobby was being abused.

The following day, the defendant telephoned Wagner and told her that DCFS had contacted her and that an appointment had been scheduled for the following day. Wagner denied having contacted DCFS. The next day, Wagner testified, she telephoned the defendant to inquire about what happened at the appointment with DCFS. Wagner stated the defendant hung up on her. The defendant subsequently refused to speak to Wagner and never asked Wagner to baby-sit for Bobby again.

Wagner did not see Bobby until the end of November 1987. Wagner ran into the defendant at the bowling alley, and the defendant allowed Wagner to take Bobby to Wagner’s home for several hours. Wagner testified that during her visit with Bobby, she did not notice any other fresh injuries on Bobby and stated that the burn was healing.

The last time that Wagner saw Bobby was on December 8, 1987, at the bowling alley. Wagner asked the defendant’s permission to see Bobby for Christmas and the defendant refused. The defendant told Wagner that Jacobsen did not want either the defendant or Bobby to have anything to do with Wagner.

On cross-examination, Wagner testified that the defendant told her that she did not want Bobby and that Bobby was a burden.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 469, 224 Ill. App. 3d 180, 166 Ill. Dec. 511, 1991 Ill. App. LEXIS 2131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peters-illappct-1991.