People v. Trail

555 N.E.2d 68, 197 Ill. App. 3d 742, 144 Ill. Dec. 171, 1990 Ill. App. LEXIS 688
CourtAppellate Court of Illinois
DecidedMay 17, 1990
Docket4-89-0595
StatusPublished
Cited by40 cases

This text of 555 N.E.2d 68 (People v. Trail) 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. Trail, 555 N.E.2d 68, 197 Ill. App. 3d 742, 144 Ill. Dec. 171, 1990 Ill. App. LEXIS 688 (Ill. Ct. App. 1990).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

Defendant, David Trail, was convicted in April 1989 of two counts of criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 13) and sentenced to consecutive terms of 15 years’ imprisonment. On appeal, defendant argues the following: (1) the trial court erred in denying his motion for severance; (2) the State failed to prove him guilty beyond a reasonable doubt; (3) the trial court erred in refusing to allow his son to testify; (4) the trial court erred in instructing the jury; (5) the prosecutor’s closing argument denied him a fair trial; and (6) the prosecutor’s conflict of interest denied him the effective assistance of counsel.

We affirm.

Defendant was convicted of two' counts of. criminal sexual assault based on acts he allegedly committed upon, his stepdaughters, C.B. and D.B. At trial, C.B., who was then Í9 years old, testified that defendant engaged in anal, oral, and vaginal intercourse with her. The anal intercourse began when she was 10 years old. She testified to repeated instances of vaginal intercourse with defendant from late 1985 through January 1987, when she was 16 and 17 years old. C.B. identified certain People’s exhibits as letters written to her by defendant. These letters suggest an other-than-fatherly relationship between defendant and C.B. Defendant testified that C.B. must have forged the letters, but she denied doing so.

According to C.B., defendant also took nude photographs of her which he placed in a safety deposit box. The police examined the contents of that safety deposit box pursuant to a search warrant on June 1, 1988, at 10:30 a.m., and the box was empty. Earlier that same day, at 9 a.m., defendant had obtained access to that box. The box record showed that defendant had previously obtained access to the box on nine occasions between May 1987 and February 1988, the last such occasion before June 1,1988.

C. B. testified that although neither she nor defendant used contraceptives, she never became pregnant as a result of more than 200 incidents of vaginal intercourse. C.B. testified that she told no one about her sexual activity with defendant, but she thought that her sister, D.B., had, on one occasion, seen her and defendant engaged in sexual activity.

D. B., who was 17 years old at the time of trial, testified that she had witnessed defendant and C.B. engaging in sexual intercourse. D.B. also testified that defendant had engaged in vaginal intercourse with her in 1987 and 1988 when she was 15 years old. As was true with C.B., D.B. never became pregnant despite her using no contraceptives. D.B. told no one about the sexual activity.

Nancy Trail, defendant’s ex-wife and the mother of C.B. and D.B., testified that she never saw the letters allegedly written to C.B. by defendant. She also testified that she did not witness any sexual activity between defendant and her daughters.

A documents examiner for the Illinois State Police crime lab compared the letters allegedly written by defendant to C.B. with handwriting samples identified as coming from defendant and concluded that defendant had written the letters in question. The samples came from handwriting exemplars obtained directly from defendant by a police officer pursuant to a court order and from various checks and notebooks which C.B. and Nancy Trail identified as containing defendant’s handwriting. Defendant acknowledged that most of the writing in the notebooks and on the checks was his, but he also claimed that some of it was not his and that it had been written by his stepdaughters. The handwriting examiner also opined that an attempt had been made to disguise the handwriting in the exemplar obtained by the police officer from defendant.

Defendant testified on his own behalf and denied engaging in sexual activities with either C.B. or D.B. He testified that C.B. often told him she hated him. According to defendant, C.B. threatened to get even with him because sometimes he refused to purchase liquor for her.

Defendant said that he observed C.B. sign his name to various documents. He claimed that portions of some of the checks submitted as known samples of his handwriting contained the handwriting of either C.B. or D.B. However, the cross-examination of defendant demonstrated rather convincingly that his claims regarding these checks were all lies. Defendant also denied writing letters to C.B. or photographing her in the nude.

Defendant attempted to call his 12-year-old son, David, as a witness. An in camera hearing was held wherein David stated that he had seen both C.B. and D.B. copy defendant’s signature and that he had heard his stepsisters talk about how much they hated defendant. David also testified about parties with alcohol held by C.B. and D.B. at their home. The trial court denied defendant’s request to have David testify.

The first issue on appeal is whether the trial court erred in denying defendant’s motion for severance. A defendant may be placed on trial in one proceeding for separate offenses if the offenses are based on the same act or on two or more acts which are part of the same comprehensive scheme (Ill. Rev. Stat. 1987, ch. 38, par. Ill— 4(a)). The trial court has substantial discretion in determining the propriety of joinder. (People v. Terry (1988), 177 Ill. App. 3d 185, 193, 532 N.E.2d 568, 574.) Its determination will not be reversed absent an abuse of discretion. Terry, 177 Ill. App. 3d at 193-94, 532 N.E.2d at 574.

There are no precise criteria for determining whether separate offenses are part of the same comprehensive transaction. (People v. Duncan (1987), 115 Ill. 2d 429, 441, 505 N.E.2d 307, 312.) A common method of operation, proximity in time and location of offenses, a common type of victim, similarity of offenses, and the identity of evidence needed to demonstrate a link between the offenses are some of the factors the courts have considered. (Terry, 177 Ill. App. 3d at 194, 532 N.E.2d at 574-75.) The trial court in the present case, in denying the motion for severance, found “a similarity of parties, setting, circumstances and partially, the time frame involved.” We agree. Defendant was charged with two counts of criminal sexual assault which occurred within the same household during closely related periods of time. The offenses involved similar victims, defendant’s teenage stepdaughters. On the facts of this case, evidence pertaining to one sexual assault count would have been admissible as “other crimes” evidence for the other count on at least the basis of similar modus operandi. We conclude the trial court did not abuse its discretion in trying these offenses together.

We emphasize that where, as here, “other crimes” evidence is' properly admissible, the potential prejudice to a defendant of having the jury decide two separate charges is greatly diminished because the jury is going to be receiving evidence about both charges anyway. While we do not suggest that the admission of “other crimes” evidence should necessarily be determinative of the issue of severance, that admission is nonetheless a significant consideration.

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Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 68, 197 Ill. App. 3d 742, 144 Ill. Dec. 171, 1990 Ill. App. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-trail-illappct-1990.