People v. Wilson

798 N.E.2d 772, 343 Ill. App. 3d 742, 278 Ill. Dec. 388, 2003 Ill. App. LEXIS 1662
CourtAppellate Court of Illinois
DecidedOctober 15, 2003
DocketNo. 5—01—0980
StatusPublished
Cited by9 cases

This text of 798 N.E.2d 772 (People v. Wilson) 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. Wilson, 798 N.E.2d 772, 343 Ill. App. 3d 742, 278 Ill. Dec. 388, 2003 Ill. App. LEXIS 1662 (Ill. Ct. App. 2003).

Opinions

JUSTICE CHAPMAN

delivered the opinion of the court:

In September 2001, a jury convicted the defendant, David E. “Chip” Wilson, of two counts of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(f) (West 2000)). The charges stemmed from allegations that he had touched two female high school students in a sexual manner. At the trial, two additional young women testified about similar conduct by the defendant, for which he was not charged. On appeal, the defendant contends that the trial court erred in denying his motion to exclude this testimony. We affirm.

I. BACKGROUND

From September 1999 to March 2001, the defendant was employed at Central High School in Breese, Illinois. His primary duties were to supervise students who had been given in-school suspensions and to act as an assistant coach of the football team. When he had no students to supervise in the in-school suspension room, he often offered assistance to other teachers or visited the art classroom. The art classroom and the in-school suspension room were actually one room, separated only by cabinets and room dividers. James Falconio, the art teacher, was the head coach of the football team. Often, football players sat in the back of Falconio’s classroom watching videos of football plays during their study hall periods. When the defendant visited the art room, he generally talked to these players. However, occasionally he walked around the room and chatted with the art students as well.

In January 2001, the school administration received a complaint from a female student alleging that, in December 2000, the defendant had initiated physical contact with her that was sexual in nature. The superintendent and the principal met with the defendant to discuss the student’s allegations. In March 2001, the defendant was fired from his position after the administration received two additional complaints.

On March 25, 2001, the State charged the defendant by information with two counts of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(f) (West 2000)). Count I alleged that he had knowingly touched Carol Z.’s breasts for the purpose of sexual gratification. Count II alleged that he had knowingly touched Crystal H.’s breasts for the purpose of sexual gratification. No other charges were filed.

On April 3, 2001, Sergeant Mike Kreke interviewed the defendant in his home. According to Sergeant Kreke’s trial testimony, the defendant told him that he was a “touchy-feely” person who often greeted students by slapping them on the shoulder or putting his arm on their back, although Sergeant Kreke could not recall the defendant’s exact words. The defendant also gave Sergeant Kreke a written statement, in which he stated: “It is not uncommon for me to put my hand on somebody’s shoulder while talking to them. I will sometimes put my hand on their waist or back also. There is no sexual connotation. To me what I have done is not inappropriate conduct.”

On September 11, 2001, the defendant filed a motion in limine to exclude the testimony of Lisa V — who also had alleged sexual contact by the defendant — on the basis that her testimony would relate to uncharged conduct. On September 17, the State filed its written response to the defendant’s motion. The State noted that the defendant was expected to contend that any physical contact was “of a non[ ]sexual and harmless nature,” and the State argued that the testimony was relevant because it showed the defendant’s intent and modus operandi. On September 17, the defendant filed a motion in limine to exclude the testimony of both Lisa V. and Ashley A. (another student who had alleged sexual contact by the defendant). He objected to Ashley A.’s testimony both because it involved uncharged conduct and because the State had not disclosed her identity to the defendant until September 14, three days before the trial. On September 17, 2001, the trial court denied both motions, stating, “[In] cases such as this[,] *** the State is entitled to present this type of evidence in its case-in-chief.”

The trial took place over two days, on September 17 and 18, 2001. Crystal H. testified that in March 2001, when she was a first-year high school student, she received an in-school suspension. The in-school suspension room was furnished with desks separated by room dividers to form cubicles. When Crystal H. sat at one of these desks, the defendant approached her from behind and put his hands around her waist. He then moved his hands up from her stomach to touch her breasts from underneath. She further testified that at other times, he approached her in art class and put his hands around her waist in a similar manner and touched her stomach; however, she stated that he only touched her breasts the one time.

Carol Z. testified that the defendant made physical contact with her approximately 15 times throughout the 2000-2001 school year. These incidents took place both in the art room and in the hallways. She stated that the defendant made contact with her in a variety of ways. On some occasions, he hugged her; on others, he held her hand or touched her lower back; sometimes he touched her eyes or her lips or brushed her hair out of her face. She testified that some of these times he approached her from behind but that at other times he approached her from the front. She alleged that he had touched both her breasts and her buttocks. She stated that the defendant was always “subtle,” touching her in such a way that others would not be able to see that he was doing anything more than hugging her. Carol Z. further testified that the defendant often chatted with the students in Falconio’s art class. She stated that on one occasion, he asked her about her sex life, which made her feel uncomfortable. She further testified that she witnessed the defendant hugging other female students but could not see whether he was doing anything more than hugging them.

Lisa V. testified to three incidents of sexual contact with the defendant. All three incidents took place in November and December 2000. The first time, Lisa V was seated at a desk in her study hall. According to her testimony, the defendant approached her from behind, grabbed her sides, and then put his fingers under her breasts so that the sides of his index fingers touched her breasts. The second time was also in study hall. Lisa V testified that the defendant did the same thing he had done the first time. He then sat across from her at a table to talk to her and two other girls who were sitting at the same table. She testified that he winked at her and took her daily planner and drew a picture of a little devil in it and wrote next to the picture, “Lisa is a horny devil.”

The third incident occurred when Lisa V was taking a makeup test for her chemistry teacher. She testified that she went into the driver’s education classroom, which was apparently not being used at the time, to wait for her chemistry teacher to bring her the test. The defendant followed her into the room. The chemistry teacher came in after the defendant and asked the defendant if he was going to act as a proctor and watch to make sure Lisa V did not cheat on her test. She testified that, as she took the test, the defendant twice approached her from behind, squeezed her shoulders, and rubbed her breasts and her shoulders.

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Cite This Page — Counsel Stack

Bluebook (online)
798 N.E.2d 772, 343 Ill. App. 3d 742, 278 Ill. Dec. 388, 2003 Ill. App. LEXIS 1662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-illappct-2003.