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02/04/87 In Re B.J.S.

February 4, 1987

IN RE B.J.S., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Petitioner-Appellee, v.

B.J.S., Respondent-Appellant)

503 N.E.2d 1198, 151 Ill. App. 3d 1023, 105 Ill. Dec. 192 1987.IL.124

Appeal from the Circuit Court of Macon County; the Hon. James A. Hendrian, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

The minor respondent, B.J.S., who was 12 years old, was charged with aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-14(b)(2)) and aggravated criminal sexual abuse (Ill. Rev. Stat. 1985, ch. 38, par. 12-16(c)(2)) in a petition for adjudication of wardship filed by the State. The case proceeded to trial and at the close of the State's case in chief, the court dismissed count I, which alleged criminal sexual assault. On July 2, 1986, respondent was adjudicated a delinquent minor and was subsequently made a ward of the court and sentenced to 6 months' probation with the condition that he attend the R. B. King Sexual Assault Center.

On appeal, the respondent contends that: (1) the evidence presented at trial failed to prove respondent guilty beyond a reasonable doubt of aggravated criminal sexual abuse; (2) the trial court erred in excluding testimony of one witness regarding the truthfulness of another witness. We find insufficient evidence to support the court's finding and consequently reverse.

The following facts were adduced at the adjudicatory hearing. On May 10, 1986, the respondent was living in the same house with his 14-year-old stepsister, Jody; his stepbrothers, Gary and Billy; his sister, Joleen; his mother, Rita; his stepfather, Bill; Carl Campbell; and his half sister, the victim. They lived in a two-story house with a basement. The respondent's bedroom was located in the basement; the victim's bedroom was located on the second floor. During the evening of May 10, 1986, the children's parents were not home.

Jody testified that on the evening of May 10, 1986, she was at home baby-sitting for the victim and Joleen. Jody stated that she put the victim to bed between 9 and 10 p.m. that evening. Between 11 and 12 p.m., Jody was in the living room, on the first floor, when she heard the victim say, "Don't touch me, [respondent]." Jody testified that she went upstairs to the victim's bedroom, but the respondent was not there. Jody then asked the victim where the respondent had touched her, and the victim pointed to her vagina.

Jody then took the victim downstairs to the living room and put her to sleep on the living-room floor. Jody stated that she remained in the living room. The victim awakened a second time and repeated, "Don't touch me, [respondent]." Jody again asked the victim where the respondent had touched her, and the victim again pointed to her vagina. The victim first told Jody that the respondent had touched her with a baseball bat. The victim later stated that the respondent had touched her with his finger.

Jody further testified that during the evening of May 10, 1986, she never saw the respondent go from the basement, through the first floor where she was, and upstairs to the victim's bedroom. Jody further stated that she did see the respondent go to the basement. He returned to the first floor once to get a drink of water and then went back downstairs.

Jody stated that sometime during 1986, but prior to May 10, 1986, she had seen the respondent and the victim together in the garage. Jody stated that when she walked into the garage, she saw the victim pulling up her pants and the respondent zipping his pants. Jody asked the respondent what he was doing and the respondent told her that he ...


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