People v. Willer

667 N.E.2d 708, 281 Ill. App. 3d 939, 217 Ill. Dec. 619, 1996 Ill. App. LEXIS 504
CourtAppellate Court of Illinois
DecidedJune 28, 1996
Docket2-95-0676
StatusPublished
Cited by33 cases

This text of 667 N.E.2d 708 (People v. Willer) 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. Willer, 667 N.E.2d 708, 281 Ill. App. 3d 939, 217 Ill. Dec. 619, 1996 Ill. App. LEXIS 504 (Ill. Ct. App. 1996).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

A jury convicted defendant, James Wilier, of two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 14(b)(1) (now 720 ILCS 5/12 — 14(b)(i) (West 1994))) and two counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 16(b) (now 720 ILCS 5/12 — 16(b) (West 1994))). The trial court sentenced defendant to concurrent terms of imprisonment of 10 years for each count of aggravated criminal sexual assault and 5 years for each count of aggravated criminal sexual abuse. Defendant now appeals his conviction. We reverse and remand.

The following summary of the facts is taken from the record. On October 26, 1994, defendant was charged by indictment with one count of aggravated criminal sexual assault and two counts of aggravated criminal sexual abuse. Count I alleged that defendant committed the offense of aggravated criminal sexual assault against his daughter, M.W., by engaging in sexual intercourse with her when she was under 13 years old. Count II alleged that defendant committed the offense of aggravated criminal sexual abuse against M.W. by fondling her buttocks when she was under 18 years old. Count III alleged that defendant committed the offense of aggravated criminal sexual abuse against his daughter, J.W., by fondling her buttocks when she was under 18 years old. On February 8, 1995, the State added a fourth count to its indictment. Count IV alleged that defendant committed the offense of aggravated criminal sexual assault against M.W. by committing acts of oral sex with her when she was under 18 years old.

On January 20, 1996, defendant filed a motion for severance pursuant to sections 111 — 4 and 114 — 8 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/111-4, 114-8 (West 1994)). In the motion, defendant asked the trial court to sever the counts pertaining to M.W. from the count pertaining to J.W. The trial court denied the motion.

The trial commenced on April 3, 1995. M.W. testified first for the State. M.W., who was 18 years old at the time of trial, testified that her parents have four children — herself, J.W., Ma.W., and Je.W. — of which she is the oldest. She also has four half-siblings born out of defendant’s earlier marriage. M.W. never lived with her half-siblings as she grew up. Her parents divorced, apparently when she was 12, and defendant has since remarried.

M.W. described the house she grew up in as follows. The upstairs had four bedrooms with one full bathroom and one half bathroom. There were two bedrooms toward the front of the house: the master bedroom and the "girls’ bedroom.” These rooms were connected by the half bathroom. There were two bedrooms toward the back of the house: the "baby’s room,” which was adjacent to the master bedroom, and Ma.W.’s room, which was adjacent to the full bathroom.

M.W. testified that defendant is a road construction repairman who, when she was growing up, would leave for work at approximately 6 a.m. and return home between 9 p.m. and 1 a.m. When she was three or four years old, defendant started to "touch” her. Defendant would enter her room at approximately 3 a.m. and wake her up. From his smell she could tell that he had been drinking. Oftentimes he would not speak to her; if he did, he would ask her if she wanted a back rub or, as he called it, a "special massage.” He would then rub her back and buttocks, remove her pajamas, turn her over onto her back, rub her chest, kiss her on the mouth, and penetrate her vagina with his penis. She stated that this happened more often than she could estimate. He also tried to place his penis in her mouth on about 10 occasions when she was eight or nine years old.

M.W. explained that the frequency of the assaults decreased as she became older and stopped almost completely by the time she was 10 or 11 years old. Defendant last attempted to assault her in 1988, when she was 12 years old. This assault occurred in his apartment, since her parents by this time were divorced. M.W. explained that as she was cooking dinner defendant turned her around and "French-kissed” her. She then ran off and locked herself in the guest bedroom.

M.W. testified that she lived in two bedrooms during the years these assaults occurred. At first, she lived in the "girls’ bedroom.” She shared this room with J.W., who was two years younger than she. Sometime from the ages of 7 to 10 she moved into the "baby’s room” and lived there by herself. When she moved into the "baby’s room,” defendant would sometimes sleep in her bed after assaulting her. He slept in her room anywhere from zero to three times per week. He never slept in her bed when she lived in the "girls’ bedroom.”

According to M.W., she never told anyone about defendant’s assaults as she was growing up. She feared defendant’s "bad temper,” and she thought people would not believe her or they would think it was her fault. He was physically mean to her younger brother Ma.W. during his whole childhood. For instance, he would pull Ma.W.’s ears, push him around, and kick and spank him with a belt. She acknowledged that she always sided with and defended defendant when there were family arguments. She thought that if she could demonstrate that she loved him, he would stop assaulting her.

M.W. further testified that when she was 17 years old she tried to kill herself by attempting to ingest 25 to 30 pain relievers in the bathroom. However, her mother convinced her to open the bathroom door and let her in. Once inside the bathroom, her mother asked her if she had been raped, to which she replied, "sort of.” Her mother then tried to guess who had raped her; when she asked if it was defendant, M.W. responded, "yes.” Sometime thereafter she started to visit Carlene Fitz-Hugh, a therapist.

On cross-examination, M.W. stated that she has never had an inability to recollect defendant’s assaults, even when they were happening. She acknowledged that she was involved in numerous extracurricular activities during high school. She further acknowledged that Detective Mike Leusch of the Waukegan police department interviewed her on June 24, 1994, and she admitted that it was possible she did not tell him that defendant would rub her chest and kiss her before having intercourse with her. She also could not recall whether, in October 1994, she and J.W. accused each other of lying about their allegations against defendant while they were having lunch at a mall with Je.W., Ma.W., and V.W., her half-sister from defendant’s first marriage. On redirect examination, M.W. explained that she never spoke or cried out during the assaults because she was afraid defendant would become violent. Although she did not cry out, she was in pain during the assaults.

J.W., who was 16 years old at the time of trial, testified next. J.W. testified that one evening when she was approximately eight years old she and defendant were on her bed talking when he asked her if she wanted a back rub. When she did not answer, he started to give her one. He began rubbing her back underneath her pajamas, and then he touched her bare buttocks. When he did this, she got up and said she had to tell her mother something.

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Cite This Page — Counsel Stack

Bluebook (online)
667 N.E.2d 708, 281 Ill. App. 3d 939, 217 Ill. Dec. 619, 1996 Ill. App. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-willer-illappct-1996.