People v. TRACEWSKI

927 N.E.2d 1271, 399 Ill. App. 3d 1160, 340 Ill. Dec. 260, 2010 Ill. App. LEXIS 396
CourtAppellate Court of Illinois
DecidedMay 13, 2010
Docket4-08-0707
StatusPublished
Cited by13 cases

This text of 927 N.E.2d 1271 (People v. TRACEWSKI) 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. TRACEWSKI, 927 N.E.2d 1271, 399 Ill. App. 3d 1160, 340 Ill. Dec. 260, 2010 Ill. App. LEXIS 396 (Ill. Ct. App. 2010).

Opinions

PRESIDING JUSTICE MYERSCOUGH

delivered the opinion of the court:

Defendant, Laurie A. Traeewski, appeals the trial court’s guilty finding on one count of domestic battery, arguing a prior inconsistent statement from the victim was not admissible pursuant to section 115 — 10.1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 — 10.1 (West 2008)) and that the admission of the prior inconsistent statement violated her sixth-amendment right to confrontation. We affirm.

I. BACKGROUND

On March 26, 2007, the State charged defendant with two counts of domestic battery (720 ILCS 5/12 — 3.2(a)(2) (West 2006)), in that she knowingly and without legal justification made physical contact of an insulting or provoking nature with Lisa Gipson (count I) and Lyle Hudson (count II).

A bystander’s report revealed the following facts. On May 19, 2008, defendant signed a document indicating she was pleading not guilty and waiving a jury trial. The trial court admonished her as to each right she was giving up. Defendant indicated she understood her rights.

A bench trial was held on August 25, 2008. Lisa Gipson, defendant’s sister, testified that on March 25, 2007, Gipson, defendant, and Lyle Hudson (Gipson’s boyfriend) were at 501 East Mulberry, Apartment 3, in Bloomington, Illinois. Gipson identified defendant in open court but stated she did not recall the events from March 25, 2007, because she had been drinking for a month straight. However, Gipson acknowledged writing and signing the statement in State’s exhibit No. 1, which was dated March 25, 2007, and stated as follows: “[Defendant] kicked Lyle Hudson’s door and then hit him and myself. She kicked me in my head and arm.” The injuries shown in State’s exhibits Nos. 2 and 3 are injuries to Gipson’s leg and scratch on her left arm, respectively. Gipson stated she did not recall how she received the injuries. Gipson stated she has a good relationship with defendant.

On cross-examination, Gipson testified she had been on Darvocet for a concussion, she was not supposed to be drinking, and that she blacked out on the night of the alleged incident. She again stated she did not recall writing the statement contained in State’s exhibit No. 1. However, Gipson did remember being pushed down the stairs, but the bystander’s report did not say by whom.

Ivy Thornton, a Bloomington police officer, testified she spoke to defendant and the two alleged victims on the date in question. Defendant, Gipson, and Hudson were all intoxicated. Defendant was very intoxicated. Gipson was very cooperative and was not as intoxicated as defendant and Hudson. Officer Thornton stated she heard Hudson say to defendant “Don’t hit me again. Stop hitting me.” Officer Thornton also stated defendant denied doing anything. Gipson had a cut on her arm and red marks on one of her knees and lower legs. Gipson told Officer Thornton that defendant kicked her in the shin and cut her arm because defendant wanted to use Gipson’s cell phone and got angry. State’s exhibit No. 5 was a photograph of Hudson’s leg.

Eric Yamada, a Bloomington police officer, stated that he heard a male and female yelling when he arrived at the scene. Officer Yamada did not recall if Gipson had any trouble filling out the statement on State’s exhibit No. 1 but stated she did fill it out voluntarily. Gipson and defendant were intoxicated. Gipson told Officer Yamada that defendant kicked her in the arm and head.

State’s exhibits Nos. 1 through 5 were admitted without objection, and the State rested. Defendant moved for a directed verdict, and the trial court denied the motion. Defendant did not present any evidence. Closing arguments were made. The trial court admitted Gipson’s statement made in State’s exhibit No. 1 as substantive evidence under section 115 — 10.1 of the Code (725 ILCS 5/115 — 10.1 (West 2008)) and found defendant guilty of count I and not guilty of count II.

On August 25, 2008, the trial court sentenced defendant to 24 months of conditional discharge and 90 days in McLean County jail that was stayed pending a remission hearing.

This appeal followed.

II. ANALYSIS

On appeal, defendant argues she was denied her right to cross-examine Gipson in violation of the confrontation clause under Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), and section 115 — 10.1 of the Code (725 ILCS 5/115 — 10.1 (West 2008)). Specifically, defendant contends the trial court erred in admitting Gipson’s written statement because defendant was not able to effectively cross-examine Gipson due to Gipson’s memory loss. The State maintains that defendant’s sixth-amendment right to confrontation was not violated because Gipson was subject to cross-examination and Gipson’s written statement satisfied both Crawford and section 115 — 10.1.

Initially, we recognize the State’s argument that defendant forfeited these issues because she did not file a posttrial motion arguing them. Defendant’s brief did not argue these issues should be reviewed under the plain-error doctrine. However, as discussed below, the trial court committed no error in admitting Gipson’s written statement so there can be no plain error.

“It is important to note that in determining whether a prior out-of-court statement is admissible, the proponent of the statement first must meet the requirements of the applicable statutory hearsay exception as set out in section[s] 115 — 10 [through 115— 10.5 of the Code] (725 ILCS 5/115 — 10 [through 115 — 10.5] (West 2002)). The holding in Crawford should be considered only after the court determines the proffered statement complies with the requirements of the applicable statute.” People v. Martinez, 348 Ill. App. 3d 521, 535, 810 N.E.2d 199, 212 (2004).

First, Gipson’s written statement satisfies the requirements of section 115 — 10.1 of the Code. See People v. Hampton, 387 Ill. App. 3d 206, 213, 899 N.E.2d 532, 538-39 (2008). Second, the trial court’s decision to admit as substantive evidence Gipson’s prior statement was not an abuse of discretion. See People v. Flores, 128 Ill. 2d 66, 87-88, 538 N.E.2d 481, 489 (1989).

“Section 115 — 10.1 of the Code provides for the substantive admissibility of prior inconsistent statements in criminal cases.” People v. Zurita, 295 Ill. App. 3d 1072, 1076, 693 N.E.2d 887, 891 (1998). The statute reads in relevant part as follows:

“In all criminal cases, evidence of a statement made by a witness is not made inadmissible by the hearsay rule if

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People v. TRACEWSKI
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Bluebook (online)
927 N.E.2d 1271, 399 Ill. App. 3d 1160, 340 Ill. Dec. 260, 2010 Ill. App. LEXIS 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tracewski-illappct-2010.