People v. Schott

582 N.E.2d 690, 145 Ill. 2d 188, 164 Ill. Dec. 127, 1991 Ill. LEXIS 106
CourtIllinois Supreme Court
DecidedOctober 31, 1991
Docket70861
StatusPublished
Cited by212 cases

This text of 582 N.E.2d 690 (People v. Schott) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Schott, 582 N.E.2d 690, 145 Ill. 2d 188, 164 Ill. Dec. 127, 1991 Ill. LEXIS 106 (Ill. 1991).

Opinion

JUSTICE MORAN

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Arthur J. Schott, stepfather of the complainant herein, was convicted of aggravated indecent liberties with a child (Ill. Rev. Stat. 1983, ch. 38, par. 11—4.1(b)(1)(A)), sentenced to 10 years’ imprisonment and fined $6,750. Defendant appealed and by a written Rule 23 order, the appellate court reversed his conviction, finding the evidence was insufficient to prove him guilty beyond a reasonable doubt. (200 Ill. App. 3d 1109 (unpublished order under Supreme Court Rule 23).) This court allowed the State’s petition for leave to appeal (134 Ill. 2d R. 315).

The sole issue presented for review is whether a victim’s testimony must satisfy the sex-offense standard of review, that such testimony be either clear and convincing or substantially corroborated, to sustain a sex-offense conviction where the sufficiency of the evidence is challenged on appeal.

At trial, the first witness called by the State was Yvonne Jones, complainant’s former second-grade teacher, who testified as follows: around the end of May 1985, a teacher’s aid delivered a note to her that had been taken from the complainant; drawn on the note was a picture of an erect penis and the words — “Do you want to f***”; she confronted complainant about the note but complainant denied that she had written it; a few minutes later, complainant admitted that she drew the picture and wrote the note; and approximately one week later, complainant told her that she felt as though she was pregnant and that the defendant had put his penis into her “private parts.”

After complainant was adjudged competent to testify, the State elicited the following testimony from her: she stated that her date of birth was April 9, 1977; the defendant sexually molested her one evening around her birthday in a basement apartment located at 2638 W. Evergreen; she resided in this apartment with her mother, two brothers and the defendant; on the evening in question, the defendant woke her up so that she could use the bathroom because she had “wet” the bed; she went to the bathroom, removed her clothes and stepped into the tub; defendant then told her to turn off the water and he then put his finger into her vagina; approximately one week later, she was left alone with the defendant in the living room of the basement apartment; defendant told her to take off her clothes, lay on a bed and bend her knees; after doing so, defendant put his penis halfway into her vagina and she screamed; after she screamed defendant stopped and told her to get dressed; and towards the end of the school year, she told her second-grade teacher that she was abused by the defendant.

Defense counsel then subjected complainant to an exhaustive cross-examination. As a result, many inconsistencies were presented, including the location of where the offense had occurred: complainant stated that the two instances of sexual abuse that she had testified to on direct examination occurred at 2638 W. Evergreen; yet, her prior testimony from a juvenile court proceeding was introduced where she stated that the only thing defendant did to her at 2638 W. Evergreen was that he kissed her and grabbed her “private” and that “all of the other stuff happened at 2629.” (The record shows that the defendant owned two apartment buildings, one at 2629 W. Evergreen and the other at 2638 W. Evergreen.) Her juvenile court testimony as to the location of the alleged offense was as follows:

“A. Downstairs at 2629 West Evergreen, because the bedroom was where the TV was and stuff, because it was not too big in the basement, so he told me to lay on the bed and I did, and he [said] open your legs, and I did, and he put his penis inside my vagina, only halfway, though.”
After her juvenile court testimony was introduced, the trial judge proceeded to ask the complainant the following questions:
“THE COURT: *** The apartment at 2629, was it a basement apartment?
A. Well, there was a basement downstairs. That was ours, and we lived on the top, the first floor.
THE COURT: And 2638 was a basement apartment?
A. Yes.
THE COURT: So, 2629, you lived on the first floor?
A. Yes.
THE COURT: At 2629, where was the television?
A. In the front of the house.
THE COURT: On the first floor?
A. Yes.
THE COURT: At 2638, where was the television?
A. The front of the house.
THE COURT: In the basement?
A. Yes.”

Complainant’s answers to the judge’s questions in the preceding passage tended to show that she confused the address of the building in which she was abused, 2638, with the address of another building that the defendant owned, 2629.

During the cross-examination, she was also contradicted as to the time of year that the alleged offense occurred. She said that there were no leaves flying around at the time the defendant put his penis into her vagina. Yet, her prior juvenile court testimony was introduced and in that proceeding she testified as follows:

“Q. And how many times did that happen to you?
A. Once.
Q. And what was the address?
A. 2629.
Q. Do you know when that was?
A. During the spring and fall.
Q. When?
A. The fall, in the fall.
Q. How do you know it was in the fall?
A. Because all kinds of leaves were flying around.
Q. Pardon?
A. Leaves were flying around.”

Defense counsel’s cross-examination established that complainant had previously lied to a judge when she told him that her uncle Mark put his penis inside of her. She explained that she made the story up about her uncle “[bjecause [she] was angry[ ]” and “because my uncle had gave [s-ic] me some money, and he took it away from me.” Complainant also gave the following testimony on cross-examination:

“Q. Did you ever lie at Larkin [Children’s Home] or any place else just to see what people would do?
A. Not just to see what people would do,. I lie a lot, yes.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
582 N.E.2d 690, 145 Ill. 2d 188, 164 Ill. Dec. 127, 1991 Ill. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schott-ill-1991.