People v. Wells

948 N.E.2d 641, 408 Ill. App. 3d 541, 350 Ill. Dec. 361, 2011 Ill. App. LEXIS 208
CourtAppellate Court of Illinois
DecidedMarch 10, 2011
Docket4—09—0925, 4—10—0831 cons.
StatusPublished
Cited by11 cases

This text of 948 N.E.2d 641 (People v. Wells) 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. Wells, 948 N.E.2d 641, 408 Ill. App. 3d 541, 350 Ill. Dec. 361, 2011 Ill. App. LEXIS 208 (Ill. Ct. App. 2011).

Opinion

JUSTICE TURNER

delivered the judgment of the court, with opinion.

Presiding Justice Knecht and Justice Appleton concurred in the judgment and opinion.

OPINION

In August 2009, the State filed a petition for adjudication of wardship as to Ch. W (born in October 2001) and Ca. W. (born in September 2002), the minor children of respondent, Jerry Wells. The minor children’s grandmother and adoptive mother, Dena Wells, is not a party to this appeal. After an adjudicatory hearing, the Champaign County circuit court found the minor children were neglected and dependent. In December 2009, the court made the minor children wards of the court and appointed the Department of Children and Family Services (DCFS) as their guardian. Respondent appealed, contending (1) he was denied effective assistance of counsel, (2) the State violated his due-process rights, and (3) the trial court erred by finding the minor children were neglected.

In April 2010, this court retained jurisdiction of the cause but remanded it to the Champaign County circuit court for an evidentiary hearing on respondent’s ineffective-assistance-of-counsel claim. In re Ch. W, 399 Ill. App. 3d 825, 830, 927 N.E.2d 872, 876 (2010) (No. 4—09—0925). On remand, respondent filed a motion for a new adjudicatory hearing based on ineffective assistance of counsel. In October 2010, the Champaign County circuit court held a hearing on respondent’s motion and found respondent was not denied effective assistance of counsel at the adjudicatory hearing. We now address the merits of all three of respondent’s arguments on appeal and affirm the trial court’s judgment.

I. BACKGROUND

In 2004, respondent and Dena adopted the minor children, who are Dena’s biological grandchildren. Dena suffers from chronic obstructive pulmonary disease. On March 26, 2009, DCFS became involved with the family after allegations were made that respondent had molested J.C., a neighbor child. The next day, Sheri Foley, a DCFS investigator, conducted separate forensic interviews of J.C. and Ch. W, which were recorded by both video and audio. Another DCFS investigator interviewed Ca. W and another playmate of respondent’s children, H.S. Under a DCFS safety plan, Ch. W and Ca. W. remained in the home with Dena, and respondent lived elsewhere.

In April 2009, respondent was arrested and incarcerated. People v. Wells, No. 09—CF—746 (Cir. Ct. Champaign Co.). In June 2009, a grand jury charged respondent with one count of predatory criminal sexual assault of a child (720 ILCS 5/12—14.1(a)(1) (West 2006)) (Ch. W alleged victim) and one count of aggravated criminal sexual abuse (720 ILCS 5/12—16(c)(1)(i) (West 2008)) (J.C. alleged victim) for his actions in March 2008. In the criminal case, the State moved to admit, inter alia, Ch. W.’s statements to Foley under section 115—10 of the Code of Criminal Procedure of 1963 (Criminal Procedure Code) (725 ILCS 5/115—10 (West 2006)). After holding a hearing on the motion and viewing the recordings of the interviews, Judge Heidi Ladd denied the motion as to Ch. W.’s statements because Foley’s questions were too leading to provide sufficient safeguards of reliability. In October 2009, the State dismissed all of the criminal charges against respondent, and he was released from jail.

On August 14, 2009, the police took protective custody of the minor children when Dena was admitted to the hospital and had no one to care for the minor children. Three days later, the State filed its petition, alleging the minor children were (1) neglected under section 2—3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2—3(1)(b) (West 2008)), in that their environment was injurious to their welfare when they resided with respondent as the environment exposed them to the risk of sexual abuse; and (2) dependent under section 2—4(1)(a) of the Juvenile Court Act (705 ILCS 405/2—4(1)(a) (West 2008)) because they lacked a parent, guardian, or legal custodian to care for them due to respondent’s incarceration and Dena’s poor physical health.

On September 25, 2009, the trial court commenced the adjudicatory hearing, at which respondent was represented by David Apple-man. Dena admitted and stipulated to the dependent count of the petition, and the shelter-care report served as the factual basis for the admission. The court entered judgment in favor of the State and against Dena and then proceeded to hear evidence as to respondent. Only the pertinent testimony presented at the adjudicatory hearing is set forth below.

Foley testified she had received specific training in forensic interviewing of children and had “conducted 185 sexual[-]abuse reports.” On March 27, 2009, Foley interviewed Ch. W. at the Child Advocacy Center, which had a child-friendly atmosphere. Foley indicated Ch. W was developmentally delayed and that, while Ch. W’s language was clear, it was more on the level of a five-year-old than a seven-year-old. According to Foley, Ch. W. was comfortable during the interview and did not seem nervous or fearful. Foley stated that, due to Ch. W.’s limited ability to answer open-ended questions, the questions asked her were more direct as to sexual abuse.

When Foley was asked about what Ch. W. said regarding the charges being investigated, defense counsel made an objection for the record, which the trial court overruled. Foley testified Ch. W disclosed sexual touching by respondent, whom Ch. W. referred to both as father and grandfather. Specifically, Ch. W stated her father had touched her in the vaginal area.

During the interview, Foley used both anatomically correct drawings and dolls. Ch. W. was able to identify and describe all the body parts on both the male and female drawings. Ch. W. also knew the differences between the genders and, for the most part, knew what every body part did in her own language. Foley admitted that, at certain points, Ch. W. was unable to identify certain body parts. Foley explained the dolls were tools used to help her understand what the child had stated happened. Foley showed Ch. W. all of the parts on the dolls, which were fully clothed. Foley asked Ch. W. to show her what happened, and Ch. W took the male doll’s hand and touched it to the girl doll’s vaginal area. Ch. W indicated it was skin-to-skin touching and Ch. W. was not wearing clothes. Foley testified Ch. W. stated it happened more than once but it was difficult to know a number with Ch. W.’s age and developmental delays.

On cross-examination, defense counsel asked Foley if she was able to make an estimate of Ch. W’s mental age and what term Ch. W. used for “vagina.” He also asked a couple of questions about (1) what Ch. W called respondent and (2) Ch. W’s biological father. In total, respondent’s counsel asked Foley six questions on cross-examination.

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Cite This Page — Counsel Stack

Bluebook (online)
948 N.E.2d 641, 408 Ill. App. 3d 541, 350 Ill. Dec. 361, 2011 Ill. App. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wells-illappct-2011.