People v. Sandefur

882 N.E.2d 1039, 378 Ill. App. 3d 133, 317 Ill. Dec. 883, 2007 Ill. App. LEXIS 1399
CourtAppellate Court of Illinois
DecidedDecember 28, 2007
Docket4-06-0822
StatusPublished
Cited by5 cases

This text of 882 N.E.2d 1039 (People v. Sandefur) 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. Sandefur, 882 N.E.2d 1039, 378 Ill. App. 3d 133, 317 Ill. Dec. 883, 2007 Ill. App. LEXIS 1399 (Ill. Ct. App. 2007).

Opinion

JUSTICE TURNER

delivered the opinion of the court:

In May 2006, a jury found defendant, Paul W. Sandefur, guilty of two counts of aggravated criminal sexual abuse and one count of predatory criminal sexual assault. In September 2006, the trial court sentenced defendant to consecutive terms of nine and four years in prison, respectively, for the predatory criminal sexual assault of O.W and the aggravated criminal sexual abuse of L.W

On appeal, defendant argues the trial court erred in (1) refusing the defendant’s jury instruction on the lesser-included offense of battery and (2) admitting hearsay statements of the minors. We affirm.

I. BACKGROUND

In October 2004, a grand jury indicted defendant on two counts of predatory criminal sexual assault (720 ILCS 5/12 — 14.1(a)(1) (West 2004)), alleging defendant, over the age of 17, committed an act of sexual penetration with O.W, under the age of 13 at the time of the act, by placing his finger in her sex organ. The second count alleged defendant committed the same offense by placing his penis in contact with the sex organ or anus of L.W. The grand jury also indicted defendant on two counts of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(c)(l)(i) (West 2004)), alleging he committed an act of sexual conduct with O.W when he knowingly touched her body for the purpose of his own sexual arousal. The second count alleged defendant committed the same offense when he knowingly touched the body of L.W. for the purpose of his own sexual arousal. Defendant pleaded not guilty.

A. Section 115 — 10 Hearing

In September 2005, the State filed a notice of intent to offer hearsay statements of L.W and O.W. pursuant to section 115 — 10 of the Code of Criminal Procedure of 1963 (Procedure Code) (725 ILCS 5/115 — 10 (West 2004)). Thereafter, the trial court conducted a hearing on the State’s motion.

Somiko Granderson testified she is the mother of L.W and O.W. On or around June 17, 2002, Granderson was staying with her mother, Mae Ella Bolden. At that time, Bolden was seeing defendant; O.W. was seven years old and L.W was six. They would sleep in one bedroom, while Bolden and defendant slept in Bolden’s bedroom. Granderson slept in the living room. On June 17, 2002, Granderson returned home from a night out and found L.W asleep in bed with defendant. When Granderson removed the cover, she “noticed that [L.W.’s] underwears [sic] were off.” She stated L.W.’s nightgown was lifted up above her waist. When Granderson asked L.W where her underpants were, L.W. said, “ ‘Paw-paw hid them up under the pillow.’ ” L.W. referred to defendant as Paw-paw. Shortly thereafter, Granderson asked L.W. if defendant touched her in any type of way. L.W stated, “ ‘He touched my butt.’ ” Granderson then took her to the hospital.

On cross-examination, Granderson testified it was not unusual for L.W. to climb into bed with Bolden and defendant. She stated L.W had a habit of wetting herself and would then hide her underwear. Granderson stated neither the bed nor L.W. was wet at the time. She also stated she looked under defendant’s pillow but did not find any underwear. Granderson stated her mother found the underwear in her dirty clothes.

Tracy Pearson, a forensic interviewer with the Sangamon County Child Advocacy Center, testified she interviewed L.W. on June 28, 2002. The interview was taped, but the tape was destroyed when the case was ruled unfounded. Pearson asked L.W if anyone touched her private, referring to her vagina, and L.W said no. When Pearson asked her if anyone ever touched her butt, L.W responded “ ‘Paw-paw.’ ” L.W stated it occurred at her grandma’s house and the touching occurred under her clothes. Pearson then asked L.W if she could tell her what defendant did, but L.W. responded, “ T don’t know.’ ” When asked whether it hurt to be touched, LW nodded her head yes.

Pearson also interviewed LW and OW on May 17, 2004. L.W. told Pearson she did not know the reason for the interview. When Pearson asked her whether anyone ever touched her private part in back, L.W stated her “Grandpa” Paul touched her at her grandma’s house. At one point, Pearson asked if L.W could tell her exactly what Grandpa Paul did and L.W. stated, “I forgot.” After further questioning, she stated she was wearing a nightshirt and she was lying down. "When asked what Grandpa Paul touched her with, LW stated “his stuff,” which she stated was his front part. LW stated it felt “nasty.” L.W stated she did not see his “stuff.” She also stated defendant’s clothes were off when he touched her and he took off her underwear.

O.W. told Pearson her stepgrandpa Paul “Andaver” touched her at her grandma’s house when she was seven. When she was sleeping on the couch in the living room, defendant touched her inside her private part, her “coochie,” with his finger under her clothes. She tried to push him away. She stated it later was hard for her “to pee.” She told her grandma the night of the incident, but her grandma did not believe her. She told her mother after learning about touching private parts at a school program.

The trial court allowed the statements under section 115 — 10. The court considered the time, content, and circumstances of the children’s statements and found the statements provided sufficient safeguards of reliability to allow admission into evidence under section 115 — 10.

B. Jury Trial

In May 2006, defendant’s jury trial commenced. Mae Ella Bolden testified Granderson came home and asked where L.W was because she was not in her bed. Bolden found L.W at the foot of her bed and defendant at the head of the bed. Granderson asked LW where her underwear was, and L.W. stated “ ‘Paw-paw told me to take them off.’ ” Bolden later found L.W.’s underwear behind the dryer.

Somiko Granderson testified Bolden watched L.W. as she and her boyfriend went out the evening of June 16, 2002. Upon returning, she found L.W. lying on Bolden’s bed next to defendant. Granderson noticed L.W.’s “gown was up” and “she didn’t have any underwears [sic] on.” She asked L.W where her underwear was, and L.W stated, “ ‘Paw-paw put them under the pillow. ’ ” She took L.W. to the bathroom and asked her if defendant touched her. L.W. stated he touched her buttocks.

On cross-examination, Granderson stated L.W had a problem with wetting the bed. L.W also had a habit of hiding her underwear when she wet the bed. This incident was the first time she ever found L.W. without underwear on because L.W. would always clean herself and put on new underwear.

O.W. testified she was 11 years old. When she was seven, she lived with her mom, her siblings, Bolden, and defendant. On one occasion, she was lying on the couch in the living room when defendant came in and touched her on her “private parts and stuff.” O.W. stated defendant put his finger in her “coochie” and it “really hurt.” She stated it “kept hurting for a while” when she had used the bathroom.

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Cite This Page — Counsel Stack

Bluebook (online)
882 N.E.2d 1039, 378 Ill. App. 3d 133, 317 Ill. Dec. 883, 2007 Ill. App. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sandefur-illappct-2007.