People v. W.T.

626 N.E.2d 747, 255 Ill. App. 3d 335, 193 Ill. Dec. 437, 1994 Ill. App. LEXIS 6
CourtAppellate Court of Illinois
DecidedJanuary 6, 1994
DocketNo. 2—92—0015
StatusPublished
Cited by10 cases

This text of 626 N.E.2d 747 (People v. W.T.) 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. W.T., 626 N.E.2d 747, 255 Ill. App. 3d 335, 193 Ill. Dec. 437, 1994 Ill. App. LEXIS 6 (Ill. Ct. App. 1994).

Opinion

JUSTICE QUETSCH

delivered the opinion of the court:

Defendant, W.T., was found guilty by a jury in the circuit court of Lake County of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 14(b)(1) (now 720 ILCS 5/12 — 14(b)(1) (West 1992))). Subsequently, defendant’s post-trial motion for judgment notwithstanding the verdict or for a new trial was denied by the court, and defendant was sentenced to 11 years’ imprisonment. Defendant appeals, contending: (1) that he was not found guilty beyond a reasonable doubt because the complainant’s version of alleged sexual assault was contrary to medical evidence; (2) that he was denied the effective assistance of counsel when defense counsel failed to tender instructions on aggravated criminal sexual abuse; and (3) that the 11-year sentence imposed upon him was excessive.

Following a hearing pursuant to section 115 — 10 of the Code of Criminal Procedure of 1963 regarding the admissibility of hearsay statements (Ill. Rev. Stat. 1991, ch. 38, par 115 — 10 (now 725 ILCS 5/115 — 10 (West 1992))), the cause proceeded to a jury trial. At trial 18-year-old Renee Berg testified that she had been baby-sitting for the complainant, B.Z., and her younger brother, S.T., for nearly two years. The children’s mother would bring them to Berg’s house at about 2:30 p.m. on her way to work. Defendant would pick them up at about 12:30 a.m. when he got off work.

Berg related that prior to putting B.Z. to bed on June 26, 1991, she mentioned to B.Z. that defendant was going to pick her up. Berg recalled that B.Z. began crying and told Berg that her daddy was doing “the nasty” to her. B.Z. said that when defendant took her and her brother home, defendant would put S.T. to bed in the bedroom and then bring B.Z. out on the couch. He would then take her panties down, remove his pants, pull his underwear down, get on top of her, and “pee pee” on her vagina. B.Z. told Berg not to tell defendant what she had related to Berg because defendant told B.Z. that he would “kick her ass if she said anything.”

Berg stated that she instructed B.Z. to tell her mother about defendant’s conduct after defendant left for work the next day. Berg did not try to telephone B.Z.’s mother at the time B.Z. told her about the conduct. Berg knew the mother had already left work for her second job, and Berg would be unable to contact her. Berg admitted that she did not contact the police, the Department of Children and Family Services, or any other State child welfare agency. Berg explained that she thought the correct procedure to follow in this instance was for B.Z. to tell her mother. Berg acknowledged that she had never known B.Z. to exaggerate or to tell fibs or lies.

Berg testified that B.Z. had cried on three prior occasions at Berg’s house, saying that she did not want to go home with defendant. On those occasions, B.Z. did not give any reasons for not wanting to go with defendant. Berg acknowledged that when defendant arrived to pick B.Z. and her brother up on the date in question, B.Z. did not cry, did not run and hide or grab on to Berg, and did not refuse to accompany defendant.

B.Z.’s mother, Pamela T., testified that she had known defendant for 5V2 years and had lived with him about a year and a half prior to marrying him. At the time of trial the couple had been married one year. Pamela was employed as a nurse, working from 3 to 11 p.m. at one job and from 11 p.m. until 7 a.m. at another job.

Pamela recalled that after defendant left for work at noontime on June 27, 1991, B.Z. came into her bedroom, stating that she wanted to talk with her mother. B.Z. told her mother that defendant had been doing nasty things to her. When Pamela asked B.Z. what she meant by “nasty things,” B.Z. explained that defendant had been making love to her by putting his penis in her vagina. B.Z. described how defendant would take her into the living room after he was certain S.T. was asleep in the bedroom, take her clothes off and undress himself, and then put her on his lap. He would then put his penis in her vagina and move her around on his penis. Pamela explained that B.Z. knew the correct terminology for the different parts of the body. Pamela had taught them to B.Z. after reading that children should learn the actual names of body parts.

Pamela stated that B.Z. said defendant had made love to her twice during the preceding night. B.Z. told her mother that she tried to run away from defendant, but he brought her back into the living room and “peed on” her again. When B.Z. threatened to tell her mother, defendant allegedly spanked B.Z., forced her face into a pillow, and told her that she better not tell. Pamela conceded that B.Z. did not cry when telling her about these incidents.

Pamela took B.Z. to the Vernon Hills police department after B.Z. agreed to tell the police about defendant’s conduct. At the station, Pamela spoke with Detective Davies and Detective McPhee, who then talked to B.Z. alone.

According to Pamela, B.Z. did not exaggerate or lie and was not a mean person; she liked defendant. Pamela conceded that B.Z. accused defendant of placing his penis in her mouth but stated that this accusation occurred after Pamela and B.Z. had gone to the police department regarding the incident in question. Pamela acknowledged that she had not told the police of any additional statements made by B.Z. regarding sexual abuse.

Pamela recalled that in the past when she gave B.Z. a bath, she sometimes noticed swelling of her vagina and some rectal bleeding. She had not noticed any contusions or abrasions on the vagina.

Detective Drew McPhee of the Vernon Hills police department testified that he spoke with Pamela on June 27, 1991. Pamela related that B.Z. had told her about some incidents of a sexual nature involving the child and her stepfather. McPhee talked to B.Z. without Pamela present and asked the child to tell him what she had told her mother. B.Z. told McPhee that after defendant picked her brother and her up at Berg’s house, he told her in the car that when they got home, he was going to do all the things he wanted to do with her. When B.Z. told him “no,” defendant said he would “kick her ass” if she mentioned anything to her mother. After they arrived home, S.T. went to bed, and B.Z., wearing a green T-shirt, fell asleep on the living room couch. She was later awakened by her stepfather. B.Z. told McPhee that she tried to run from the living room to her bedroom, but defendant grabbed and took her to the couch. Defendant sat down on the couch, pulled down his underwear, placed B.Z. on top of him, straddling and facing him, and then inserted his penis into her vagina. According to B.Z., defendant made up-and-down motions with his hips until he “went pee.” B.Z. did not indicate to the officer, nor could he recall if he asked her, how far defendant inserted his penis into her vagina.

After this incident, B.Z. said she ran to her bedroom and lay down. Defendant followed her and warned her not to tell her mother or else he would kick her ass. He then rolled her over on the bed and pushed her face down into the pillow. He also swatted her buttocks and rear portion of her legs three times with a flyswatter. Then, he brought B.Z.

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Cite This Page — Counsel Stack

Bluebook (online)
626 N.E.2d 747, 255 Ill. App. 3d 335, 193 Ill. Dec. 437, 1994 Ill. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wt-illappct-1994.