People v. Psichalinos

594 N.E.2d 1374, 229 Ill. App. 3d 1058, 171 Ill. Dec. 854, 1992 Ill. App. LEXIS 952
CourtAppellate Court of Illinois
DecidedJune 17, 1992
Docket2-90-0990
StatusPublished
Cited by36 cases

This text of 594 N.E.2d 1374 (People v. Psichalinos) 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. Psichalinos, 594 N.E.2d 1374, 229 Ill. App. 3d 1058, 171 Ill. Dec. 854, 1992 Ill. App. LEXIS 952 (Ill. Ct. App. 1992).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

The defendant, Theodore Psichalinos, was charged by amended information in the circuit court of Kane County with one count of aggravated battery of a child (Ill. Rev. Stat. 1989, ch. 38, par. 12— 4.3(a)) and one count of battery (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 3(a)). Following a bench trial, the trial court found the defendant guilty of aggravated battery of a child, dismissed the battery count and sentenced the defendant to seven years in prison.

The defendant raises the following issues on appeal: (1) whether the trial court erred in considering evidence of two separate acts by the defendant to find him guilty of the single offense of aggravated battery of a child; (2) whether the State failed to prove beyond a reasonable doubt that the victim sustained great bodily harm; and (3) whether the trial court erred in applying the doctrine of transferred intent.

The following facts are relevant to our disposition of the issues. The defendant was originally charged by information with aggravated battery of a child. The State subsequently amended the information to add a count for battery. Immediately prior to trial commencing, the State orally amended the aggravated battery of a child charge to replace the word “intentionally” with “knowingly.” The defendant did not object to the oral amendment.

Dr. Antun Lesica, an emergency room physician, testified that while employed in the emergency room of Saint Joseph’s Hospital on February 25, 1990, he examined the victim, Victor Alsen. He X-rayed Victor’s nose, which X ray showed an undisplaced fracture of the nasal bone at the tip of the nose. According to Dr. Lesica, the injury was consistent with some type of traumatic impact. It was his opinion that it is possible for a nose to be broken without displaying bruising or other evidence of external injury. Dr. Lesica testified that he administered no treatment, nor was treatment indicated. He did not know how long the fracture had existed and had no way of telling whether the fracture was one day or six months old. On redirect examination, however, he explained that if the fracture had been six months old it would have healed. The fracture appeared to him to be recent.

Lena Alsen, Victor’s mother, testified that Victor was three years old and that the defendant is his father. The defendant was 31 years of age and had lived with Ms. Alsen intermittently for approximately four years.

On the morning of February 18, 1990, the family awoke, and the defendant prepared breakfast. Ms. Alsen was in the front room with her baby, and the defendant was in the kitchen with Victor and Victor’s four-year-old brother, Robert Alsen. She heard the defendant tell Victor to eat his eggs or the defendant was going to whip him. She went into the kitchen and told the defendant to let Victor eat what he could and not to force him to eat everything.

After returning to the baby in the other room, she heard Victor start screaming and crying. Victor went into the bathroom and was vomiting. The defendant then said, “I don’t play that game. Get back in the kitchen and eat your breakfast that I made.” Prior to Ms. Al-sen returning to the baby, the defendant obtained his belt, entered the kitchen, and told Victor he would whip him with the belt if he did not return to the table. After she told the defendant to put the belt down, he replaced it in a drawer.

She again returned to the baby in the other room and heard three “smacks” which sounded like someone slapping a cheek. She then heard Victor screaming, “no, daddy, no, daddy, don’t hit me.” She went into the kitchen and observed Victor with his arm up saying, “no, daddy, no, daddy.” She pushed the defendant out of the way and saw blood coming from Victor’s nose. The blood was also by his mouth and chin. She asked Victor what happened, and he answered that, “daddy hit him.” She then pushed the defendant and said that she knew he had broken Victor’s nose. The defendant responded that they were his kids and that he should feel free to hit or smack them.

Ms. Alsen then went to call the police, but the defendant ripped the telephone out of the wall and threw it into the front room. When she tried to go to the back door to get to the neighbors, he started punching her. Later that afternoon, she argued with the defendant about her wanting to leave to get cigarettes. She was sitting on a bed, and the defendant came in with a comb and a brush in his clenched fist. He swung at her, and she moved her leg to avoid being hit. Victor was on the edge of the bed watching television, and the defendant hit him on the side of the nose with the errant swing. Victor fell on the floor. When he got up he had blood running from his nose to his mouth and chin, and he was crying. When she attempted to leave the apartment to call the police, the defendant dragged her back inside and started pounding on her. According to Ms. Alsen, after she cleaned Victor, she did not notice anything unusual about his nose. The following day, she observed a purple, red and yellow mark under his left eye. The bruise lasted a day or two and then began to fade.

On February 25, 1990, she was ordered by the police to take Victor to the hospital. She delayed that long in doing so because the defendant kept her locked up and would beat her every time she would go to the front door. According to Ms. Alsen, Victor never tripped or fell on anything between February 18 and February 25, 1990.

On cross-examination, Ms. Alsen testified that defendant was employed as a roofer and normally worked days. She stated that she could not take Victor to the hospital without transportation, but she did so at the suggestion of the police. She called the police on February 25 because the defendant had called her from his sister’s home and threatened to bring a gun home. She had called his sister’s about four times that day to determine when the defendant was coming home so she could have the children sleeping when he arrived.

According to Ms. Alsen, there were about 10 police officers who came to her apartment. She told the police about the defendant striking Victor in the nose, but they did not detain the defendant. On the following day, the police returned to the apartment with a State investigator and arrested the defendant.

Four-year-old Robert Alsen testified that he remembered the day when Victor did not eat his eggs. He stated that Victor got a broken nose when the defendant punched Victor in the nose. Robert demonstrated what happened by forming a fist with his right hand and putting it over his nose. He further testified that the defendant used a closed hand. When asked what Victor did, Robert replied that he would not eat his eggs. Blood came from Victor’s nose, and Victor cried when the defendant punched him in the nose.

On cross-examination, Robert testified that he was told what to say by his mother and the assistant State’s Attorney. On redirect examination, he stated that his testimony was based on what happened and what he observed.

Theresa Gordon, a neighbor of the defendant’s at the time of the incident, testified that she was at the defendant and Ms. Alsen’s apartment on February 18, 1990.

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Cite This Page — Counsel Stack

Bluebook (online)
594 N.E.2d 1374, 229 Ill. App. 3d 1058, 171 Ill. Dec. 854, 1992 Ill. App. LEXIS 952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-psichalinos-illappct-1992.