People v. P.T.

599 N.E.2d 79, 233 Ill. App. 3d 386, 174 Ill. Dec. 533, 1992 Ill. App. LEXIS 1332
CourtAppellate Court of Illinois
DecidedAugust 25, 1992
Docket2-90-0924
StatusPublished
Cited by2 cases

This text of 599 N.E.2d 79 (People v. P.T.) 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. P.T., 599 N.E.2d 79, 233 Ill. App. 3d 386, 174 Ill. Dec. 533, 1992 Ill. App. LEXIS 1332 (Ill. Ct. App. 1992).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Defendant, P.T., appeals from the order of the circuit court of Lee County adjudicating him a sexually dangerous person under section 1.01 of the Sexually Dangerous Persons Act (Act) (Ill. Rev. Stat. 1991, ch. 38, par. 105—1.01). He was committed to the Department of Corrections in Menard, Illinois. On appeal, he contends the trial court erred by denying his motion in limine. In the motion, he sought to exclude from the jury all testimony regarding incidents in which he had sexual contact with animals 30 years prior to the charge. Since the testifying psychiatrists relied upon the incidents in formulating their opinions, the issue on appeal is whether the undue prejudice of the testimony outweighed its probative value.

On April 25, 1990, defendant was charged with aggravated sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12—14(b)(l)) for molesting his three-year-old daughter, M.T. The State also filed a petition to commit defendant under the Act. Defendant was also charged with the battery of his sister-in-law, D.S. (Ill. Rev. Stat. 1989, ch. 38, par. 12—3), and criminal trespass to her property (Ill. Rev. Stat. 1989, ch. 38, par. 21—3).

Prior to the trial, defense counsel filed a motion in limine to exclude testimony regarding the earlier acts of bestiality. The trial court denied the motion on the ground that the acts were considered by the psychiatrists when they formulated their opinion of defendant’s condition.

At trial, K.T. testified that she was the wife of defendant and that he was the father of M.T. and their son J.T., who was five years old. On April 22, 1990, she saw defendant grab the chest of her sister-in-law, D.S. D.S., who was 26 or 27 years old, was married to K.T.’s brother.

Dr. Carl Aagesen testified that he was a board-certified psychiatrist. He examined defendant for about 1 hour and 15 minutes on June 11, 1990. In his examination, he used defendant’s answers and defendant’s admissions which appeared on the police reports. Aagesen stated that defendant suffered from a paraphilia, namely, pedophilia, and had a probable personality disorder of a schizoid type. Aagesen also found a possibility of mental deficiency because defendant may have had an IQ below 70, although Aagesen did not formally make that diagnosis because defendant had only a limited education.

Aagesen defined his terms. A paraphilia is a significant disturbance of sexual function where the impulses are discharged in channels that are not normal for human adults. If the object of the sexual energy is a child, the disturbance is labelled pedophilia; if the object of the impulse is an animal, the label is zoophilia. If there is no outward act, a paraphilia is diagnosed only if the subject is under repeated extreme emotional discomfort as a result of the urges. Without the mental discomfort, an actual act must be committed to form the basis of the diagnosis.

Aagesen also testified that he diagnosed defendant as having a schizoid personality disorder. The characteristics of the disorder are long-standing, normally beginning in childhood or adolescence. Defendant had a disorder in relating to other people such that he had a lifestyle of distant relationships without bonding. Defendant remained disconnected from the mainstream of human values, which implied a greater possibility for the emergence of deviant sexual behavior. Aagesen believed that defendant’s illness rendered him liable to having continuing occurrences of his impulses and thus he had a propensity to be sexually dangerous. Aagesen believed that children would remain the focus of defendant’s sexual attention and energy. Aagesen based his opinion regarding defendant’s propensity on the reports of sexual contact with his daughter and son, the animals and with his brother in adolescence. Defendant admitted to Aagesen that he had touched the genitals of animals and had had intercourse with a cow when he was an adolescent. Defendant denied that he had made contact with his son or daughter and called the allegations lies but admitted that it was possible that the events could have happened. Defendant also experienced hearing some words repeated intermittently for a period of three years, but this symptom was not specific to any diagnosis.

Dr. Werner Tuteur testified he was a board-certified psychiatrist, was the former clinical director of the Elgin Mental Health Center and was the former chief of the section of psychiatry at the American Academy of Forensic Sciences. On June 8, 1990, Tuteur examined defendant in a one- or two-hour session. Tuteur used defendant’s answers and the police reports in the examination. Tuteur determined that defendant had a borderline intellectual condition but was not quite mentally deficient. The mental deficiency eventually led to the molesting of children. For many years, defendant never had mature relationships with women because he was afraid of them and did not dare approach them. A man with defendant’s type of personality approached children because they are easier to approach. All his life, defendant endeavored to make contacts with people, and that endeavor resulted in contacts with people who were his intellectual and emotional equal, namely, children. Tuteur told defendant that the police reports suggested defendant molested 10 other children whose names defendant could not recall; defendant told Tuteur he would not do it again. Defendant also told Tuteur of a sexual contact with a brother in childhood.

Tuteur believed that the mental disorder had existed since defendant was in school, at least 30 years ago. The pedophilia had lasted for as long as the time when he started molesting children, but that time period was unknown. Tuteur believed that, if given the opportunity, defendant would again approach children in an indecent manner for sexual contact. Tuteur concluded that defendant was a sexually dangerous person as defined by the statute.

On cross-examination, Tuteur admitted that, because defendant’s intellect was borderline, he could easily be led by others in a conversation. Tuteur noted that people in custody try to give authorities the answers that they think the authorities wish to hear.

D.S. testified that she was a frequent guest in defendant’s home and hosted defendant and his family in her home. In March and April 1990, she witnessed defendant commit many indecent acts. On the evening of April 22, M.T. refused to go to bed. Defendant walked into the bedroom, and M.T. jumped into bed and pulled up the covers. Defendant pulled down the covers and put his hand in her underpants. He fondled her in the area of her clitoris and vagina. When D.S. protested, defendant said he was playing with M.T. because he wanted to see if she was wet. D.S. removed M.T. to the bathroom to change her. D.S. noticed that M.T.’s crotch was red and that a white creamy pus was coming from the vagina.

The next day, M.T. came into D.S.’s house to use the bathroom. She had urine running down her leg, and D.S. got a paper towel to help clean her. Defendant entered, grabbed the paper towel and put it down M.T.’s underwear. He removed the tissue and started to fondle M.T.’s clitoris and vagina with his middle finger. D.S. told defendant that he was sick and she would stop him, but defendant laughed and left with M.T.

D.S.

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Cite This Page — Counsel Stack

Bluebook (online)
599 N.E.2d 79, 233 Ill. App. 3d 386, 174 Ill. Dec. 533, 1992 Ill. App. LEXIS 1332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pt-illappct-1992.