People v. Sambo

554 N.E.2d 1080, 197 Ill. App. 3d 574, 144 Ill. Dec. 41, 1990 Ill. App. LEXIS 614
CourtAppellate Court of Illinois
DecidedMay 3, 1990
Docket2—89—0192, 2—89—0193 cons.
StatusPublished
Cited by29 cases

This text of 554 N.E.2d 1080 (People v. Sambo) 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. Sambo, 554 N.E.2d 1080, 197 Ill. App. 3d 574, 144 Ill. Dec. 41, 1990 Ill. App. LEXIS 614 (Ill. Ct. App. 1990).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

Defendants, Victoria and Raymundo Sambo, were charged by complaint with battery (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 3(a)(1)). Following a jury trial, defendants were found guilty and were sentenced to one year’s probation, counseling, and costs in the amount of $418 each. On appeal, defendants contend that: (1) they were not proved guilty beyond a reasonable doubt; (2) the jury instructions were improper; (3) they were denied a fair trial by the cumulative effect of errors during trial, including improper opening and closing arguments, hearsay evidence and opinion testimony; (4) the trial court improperly appointed counsel to represent their minor daughter’s interests; and (5) public policy, based on the right to privacy, militates against the guilty verdicts. In addition, defendant Victoria Sambo also alleges that she was denied the effective assistance of counsel because her attorney was burdened with a conflict of interest at trial. We affirm.

The following facts were adduced at- trial. The State’s first witness, Leon Schomer, testified that he was a neighbor of defendants and saw defendant Raymundo Sambo on May 14, 1988, at approximately 9 p.m. Schomer stated that Mr. Sambo rang the doorbell and asked him where Ellaine Sambo, defendant’s daughter, and Schemer’s daughter were. Schomer did not know where Ellaine was. Schomer noticed that Mr. Sambo was very nervous, was smoking cigarettes, and had alcohol on his breath. Mr. Sambo told Schomer that he would kill Ellaine’s boyfriend if he touched Ellaine and that he would “take care of Ellaine.”

Mr. Sambo left the Schomer residence and returned approximately 15 to 20 minutes later. Schomer stated that Sambo’s demeanor was the same and that he was concerned about “teen-agers and sex” and that he wanted to straighten out his daughter. Sambo left shortly thereafter and returned again to the Schomer residence at approximately 10 p.m. However, he left after he was told that his daughter was not at the Schomer residence.

The alleged victim, Ellaine Sambo, testified that she was the 16-year-old daughter of defendants. Ellaine stated that she left her house at 8 p.m. on May 14, 1988, without her parents’ permission, to visit a local dance club with her boyfriend. She stated that she returned home at approximately 11 p.m. and told her mother that she had been at Doc Weed’s. Both Ellaine and her mother sat down on the sofa and began to discuss what had occurred that evening. Shortly thereafter, Ellaine heard her father in the garage and tried to run out of the house. Ellaine stated that she fell down on the stairs, got up and then fell into the front door, hitting her head on the doorknob. After a struggle with her parents, Ellaine eventually calmed down. She stated that neither of her parents had struck or kicked her during the incident.

Ellaine further testified that she went to school the following Monday morning (May 16, 1988) and spoke with the school counselor, Kara Egger. Ellaine stated that she told Egger that both of her parents hit her repeatedly on the night in question, finally stopping at approximately 5 a.m. In addition, she also told Egger that her father had dragged her down the stairs.

Ellaine also stated that she told substantially the same story to the school nurse, Judith Bush, as she did to the counselor. She also told Nurse Bush that her parents hit her with a plastic baseball bat that night.

Furthermore, Ellaine testified that she may have told Officer Michael Campo of the Darien police department that her parents repeatedly hit her in the face, back, hip, and buttocks with a plastic baseball bat on the night in question.

Ellaine also testified that she met with Waverle Grinden, a Department of Children and Family Services (DCFS) worker, on May 16, 1988, and recited a similar story concerning the beating. Furthermore, Ellaine told Officer Edward Vaughan of the Darien police department that she was unable to tolerate the verbal abuse and wanted to be taken out of her home and placed with a relative.

On cross-examination, Ellaine stated that she lied to the police and school officials about the alleged beating because she was mad at her parents. Ellaine also stated that she did not receive any medical treatment for her injuries.

Kara Egger, a counselor at Downers Grove South High School, testified that she saw Ellaine at approximately 7:50 a.m. on May 16, 1988. Egger stated that Ellaine was crying and was “upset, very distraught.” Egger testified, over defense counsel’s hearsay objections, that Ellaine told her that both defendants took turns hitting Ellaine with a plastic baseball bat and a belt and that both had kicked her. In, addition, Ellaine stated that her father tried to pull out her teeth, threw liquor in her eyes, and told her that he was going to visit her at school on Monday and, if she was with Jim (her boyfriend), he would “kill the both of them by knocking their heads together and taking out their intestines or stomach.” Egger stated that she took Ellaine to see the school nurse and then waited for the police to arrive.

Egger further testified that she saw Ellaine “almost every single day until the end of school.” Ellaine would continuously ask Egger for assistance in getting her out of her parents’ house. Ellaine also agreed to allow Egger to make an audio tape recording of one of the conversations. The tape was played to the jury. On the tape, Ellaine stated that her parents tried to get her to change her story, but that everything she told the police, social workers, and Egger was true. Ellaine told Egger that her parents beat her with a plastic bat, a belt, and their hands and that they threatened to kill her if she ever spoke to her boyfriend again. Ellaine also stated that she was making the tape of her own free will.

Judith Bush, the nurse at Downers Grove South High School, testified that she examined Ellaine on May 16, 1988, and observed bruises on her neck, face, upper arm, leg, and buttock. In addition, Nurse Bush noted that Ellaine’s left eye was swollen, along with one of her fingers. Ellaine told Nurse Bush that the injuries were the result of being hit with a plastic baseball bat and a belt. It was Nurse Bush’s opinion that the injuries received were consistent with what Ellaine told her had occurred.

Sergeant Brian Pabst of the Downers Grove police department testified that he observed Ellaine at approximately 10 a.m. on May 16, 1988, and noted that she was “extremely emotional” and “very upset.” He also noticed several bruises and swelling on her body. Ellaine told Sergeant Pabst that the injuries were the result of a beating by her parents. Sergeant Pabst stated that he then notified the Darien police department because the alleged crime had occurred in Darien.

Officer Michael Campo of the Darien police department testified that he went to Downers Grove High School on May 16, 1988, to pick up Ellaine and transport her to the Darien police station. Officer Campo stated that he interviewed Ellaine and was told that her parents had struck her with a plastic baseball bat and fists for approximately 5V2 hours on May 14, 1988.

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Bluebook (online)
554 N.E.2d 1080, 197 Ill. App. 3d 574, 144 Ill. Dec. 41, 1990 Ill. App. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sambo-illappct-1990.