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09/22/88 the People of the State of v. Bernard M. Jones

September 22, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

BERNARD M. JONES, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

528 N.E.2d 1363, 174 Ill. App. 3d 737, 124 Ill. Dec. 255 1988.IL.1426

Appeal from the Circuit Court of Macon County; the Hon. John L. Davis, Judge, presiding.

APPELLATE Judges:

JUSTICE KNECHT delivered the opinion of the court. GREEN, P.J., and LUND, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

After a jury trial, defendant was convicted of one count of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-14(b)(1)), a Class X felony. The trial court sentenced defendant to a term of eight years' imprisonment. Defendant appeals from the judgment of the circuit court of Macon County, arguing (1) the jury's verdicts, finding him guilty of aggravated criminal sexual assault based on count I and acquitting him of the offense of aggravated criminal sexual assault as stated in count II, were logically inconsistent and he was not proved guilty beyond a reasonable doubt; and (2) the trial court committed reversible error in sustaining an objection to defendant's cross-examination of the examining physician on rape trauma syndrome. We affirm.

The information charged defendant with the offense of aggravated criminal sexual assault, committed on or about July 4, 1987, through August 20, 1987. Count I alleged defendant committed an act of sexual penetration of the victim by use of his finger; count II charged defendant with committing an act of sexual penetration upon the victim by the use of the tongue. The jury trial was conducted on December 16 and 17, 1987.

Defendant was 54 years old and the complaining witness was eight years old. Defendant was a friend of complaining witness' family and had done some baby-sitting for the family in December 1986. During the summer of 1987, defendant would take the complaining witness or one of her two sisters, one at a time, swimming or fishing. During these visits, defendant would pick the child up by car from her home in the morning, take her swimming or fishing, and then to his house for lunch before returning her to her home. Defendant generally brought the child home at about 1 in the afternoon.

Defendant took each child to swim at a residence in Warrensburg, Illinois, and took them fishing at various locations. The victim's mother testified her eight-year-old daughter started going to defendant's house about the beginning of July 1987, and the last day the girl went to defendant's house was August 20, 1987. According to the victim's mother, defendant brought the eight-year-old home about 3:30 or 4 p.m. on August 20.

At trial, the complaining witness testified she first went to defendant's house after he took her fishing, after school let out for the summer. She said defendant also took her swimming. She did not know how many times she went swimming or fishing. When he took her swimming it would be for about half an hour, and then he would say they had to leave. She said defendant would then take her to his house for lunch. She named the man who resided with defendant and said he was home once when she arrived with defendant, but left after about a minute. The eight-year-old testified that after lunch, defendant would take her into his bedroom, at which time no one else was home. The child was questioned as follows about what would happen in the bedroom:

"Q. : What would happen in the bedroom?

A. : He would do it -- do that.

Q. Do what?

A. Touch me down at my privates.

Q. Your privates?

A. Yes.

Q. What would he do to you?

A. He would lick me and put his finger up there.

Q. Now, did you want him to do this?

A. No.

Q. How many times did he do this?

A. About four."

The prosecutor had the child look at a diagram of a girl and then asked her, "What I would like you to do is just draw where [defendant] touched you. Can you do that for us?" Asked what the area she circled was called, the child answered, "private parts." The victim testified defendant would pull down her sweat pants and, when he was done, ...


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