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People v. Creamer

OPINION FILED APRIL 29, 1986.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

TERRY JOE CREAMER, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Vermilion County; the Hon. James K. Robinson, Judge, presiding.

JUSTICE MORTHLAND DELIVERED THE OPINION OF THE COURT:

A Vermilion County jury convicted the defendant of one count of aggravated criminal sexual assault (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 12-14(b)(1)), and the court sentenced him to six years in the Department of Corrections. We reverse the conviction and remand for a new trial.

The victim, 11 years old at the time of the incidents which led to charges against the defendant, testified at trial. She related that during her "last" visit to her grandmother's house, her uncle, the defendant, had touched her vaginal region with his hand. However, the victim indicated that the defendant did not put his finger inside her vagina on this occasion. The victim then stated that similar incidents with her uncle had occurred earlier, also in her grandmother's bedroom. The victim described pulling down her pants on the earlier occasions and then could not, or would not, answer the prosecutor's nonleading inquiry into the events immediately following. The court indicated that the prosecutor was free to lead the witness as he felt it appropriate. The following colloquy then ensued:

"[State's Attorney]: [Victim], talking about the time before last, okay, you were in the bedroom with Terry, right?

A. Yeah.

Q. After he got on the bed, did Terry touch you?

A. Yeah.

Q. Where did he touch you?

A. My pee-pee.

Q. Okay. What did he touch you with?

A. His hand.

Q. Okay. And how did he touch you? Huh?

A. With his hand.

Q. Okay. Now, did — okay. Now, we talked about two times now. Do you remember any other times this happened?

A. No.

Q. Okay. Now, either time then did Terry actually put his ...


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