People v. Printy

598 N.E.2d 346, 232 Ill. App. 3d 735, 174 Ill. Dec. 149, 1992 Ill. App. LEXIS 1270
CourtAppellate Court of Illinois
DecidedAugust 12, 1992
Docket2-90-0692
StatusPublished
Cited by22 cases

This text of 598 N.E.2d 346 (People v. Printy) 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. Printy, 598 N.E.2d 346, 232 Ill. App. 3d 735, 174 Ill. Dec. 149, 1992 Ill. App. LEXIS 1270 (Ill. Ct. App. 1992).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Defendant, John Printy, was indicted in the circuit court of Du Page County on one count of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 14(aXl)) and one count of criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 13(aXl)). The State dismissed the criminal sexual assault count, and, following a jury trial, defendant was found guilty in a jury trial of aggravated criminal sexual assault and was sentenced to a 12-year term of imprisonment.

Defendant raises the following issues on appeal: (1) whether the marital exemption created by section 12 — 18(c) of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 18(c)) violates equal protection and due process; (2) whether defendant was denied due process by the trial court barring his access to the victim’s mental health records; and (3) whether defendant was denied his sixth amendment right of confrontation when the trial court barred defendant from cross-examining the victim concerning her mental health.

Prior to trial, defendant filed a motion for additional discovery in which he requested production of “[a]ny and all reports regarding the treatment of [the victim] for manic-depression, including releases for any doctors involved to speak with Defendant’s representatives.” At a hearing on September 20, 1989, the prosecutor stated that, as to the medical reports pertaining to the victim, the State had already obtained one report and was awaiting two additional reports from other hospitalizations. The State suggested that the matter be continued for an in camera inspection of the reports, and defense counsel agreed that all the reports would be subject to in camera inspection to determine their admissibility and relevance.

On November 6, 1989, the prosecutor stated to the court that the State possessed the reports from Parkside Lutheran Hospital and Warrenville Clinic related to the victim’s hospitalizations. Defendant’s newly appointed counsel asked for leave to file a second motion for additional discovery, a copy of which he had previously tendered to the State. There is no such motion contained in the record in this case. On that same date, the court entered an order that it would review, in camera, the reports from Parkside Lutheran Hospital and Warrenville Clinic.

At the hearing on November 14, 1989, the trial court stated that it had reviewed an intake report from Central Du Page Hospital and psychiatric reports from Warrenville Clinic and Parkside Lutheran Hospital. The court ruled that defendant was entitled to the intake report from Central Du Page Hospital. The State then argued that the remaining reports should not be disclosed because they contained no “Brady” material, did not indicate any denials, retractions or recantations by the victim or any evidence of hallucinations or tremors, and did not contain any relevant material. Defendant maintained that because the victim testified in a domestic relations case that she was hospitalized for a manic-depressive disorder from October 21, 1988, to November 2, 1988, and that because the offense occurred on October 7, 1988, there was a need to know how the victim’s “mental condition relates to her credibility, perception and memory.” (Defendant incorrectly noted the date of the offense was October 7, 1988; it was actually September 7, 1988.)

In denying defendant’s motion as to the remaining reports, the court stated that it had reviewed the documents on two occasions and noted “absolutely no statements at all with respect to this incident by the victim.” The court further commented that there was nothing in the reports that in any way reflected on the truth or veracity of the victim. Likewise, the court found “nothing at all with respect to any memory problems or perception problem” of the victim. The court pointed out that there were even references in the reports that the victim’s memory was intact and excellent. Finally, the court found nothing in the report that could be used to impeach the victim.

The State subsequently filed a motion in limine seeking to bar defendant from eliciting testimony or introducing evidence of the victim’s prior psychiatric hospitalization and of the victim having been diagnosed with a psychiatric disorder. The trial court granted the motion as to both points.

The evidence at trial established that on September 7, 1988, defendant was married to but separated from the victim. The victim testified that at about 10:30 p.m. on that date defendant forced her into her apartment and ordered her to undress. The telephone rang, and the victim answered it. Realizing it was a male acquaintance calling, the victim said, “Hi, Mother. Everything is fine. I will see you tomorrow. Everything is fine.”

After the telephone call, defendant pushed her into the bedroom, and she removed all her clothes except her pantyhose. Defendant pulled them down and got on top of her. After asking the victim if she called the police, defendant stated that he would kill her if she did and pulled out a knife, putting it to her throat. The victim identified a knife found between the mattresses of her bed by the police as the one used by defendant to threaten her.

Defendant held the knife to her throat as he penetrated her with his penis. Defendant rolled over and told the victim to perform oral sex on him. She did so, and then defendant placed his mouth on her genitals.

Eventually there was a knock at the door; defendant ran out and returned saying, “It is the cops.” He told the victim to get dressed and tell the police nothing was wrong. As the victim approached the door, she saw two police officers and ran out the door and behind them. She told the police to arrest defendant and repeatedly told them she had an order of protection. After the police arrested defendant and left, she telephoned a male acquaintance and told him she had been raped and needed to go to the police station. Prior to her leaving for the police station, the victim observed that the screen around the lock on the sliding door had been cut.

One of the officers who arrested defendant at the victim’s apartment testified that he saw the victim again on the following morning at about 12:14 a.m. at the police department. At that time, the victim related that she had been raped by defendant at knifepoint. On cross-examination, the officer added that the victim asked him whether he could arrest defendant if defendant had put a knife to her throat and threatened to kill her. According to the officer, the victim never mentioned the word rape to him or the other officer while they were at her apartment.

Detective Kenneth Watts of the Wheaton police department testified that he went with the victim to her apartment the following morning. He observed a cut in the screen next to the lock on the patio door. Upon lifting the top mattress of the bed where the alleged assault occurred, he found a closed folding knife lying on the exposed box springs. He identified the same knife that the victim previously identified as defendant’s as the knife he found between the mattresses. He also identified a pair of pantyhose as those he found on the floor near the bed and described them as being inside out with a tear about halfway around the top.

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Cite This Page — Counsel Stack

Bluebook (online)
598 N.E.2d 346, 232 Ill. App. 3d 735, 174 Ill. Dec. 149, 1992 Ill. App. LEXIS 1270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-printy-illappct-1992.