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11/03/89 In Re L.S.

November 3, 1989

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


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

Petitioner-Appellee, v.

L.S., a Minor, Respondent-Appellant)

547 N.E.2d 510, 190 Ill. App. 3d 1031, 138 Ill. Dec. 343 1989.IL.1740

Appeal from the Circuit Court of Cook County; the Hon. Bruno Tassone, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. LORENZ and COCCIA, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

The minor respondent was found to be delinquent based on criminal sexual abuse of a five-year-old girl and her three-year-old brother. After a Dispositional hearing, respondent was committed to the Illinois Department of Corrections. Respondent appeals, challenging the judgments on the grounds that the trial court improperly relied on inadmissible hearsay, denied her constitutional right to confront her accusers and permitted the State to belatedly tender discovery material favorable to her defense. She also asserts that the evidence was insufficient to prove her guilty beyond a reasonable doubt and that because she was never personally served with summons, the trial court lacked jurisdiction over her and its judgments are void.

Yvette Scott testified that on June 9, 1986, she and her four-yearold daughter, Gianna, were visited at their home by Victoria W. and her children, who are the complainants herein, Carolyn W. and Jona-than W., and the minor respondent. When Yvette went upstairs and Victoria went to the store, respondent remained in the living room with the younger children. Yvette then overheard respondent tell Carolyn to "sit down and be quiet." Carolyn replied that she would tell her mother that respondent was "freaking on John-John." Carolyn came upstairs and told Yvette that respondent "kept messing with her" and that she would tell her mother what respondent had done to "John-John." When Victoria returned from the store, Yvette met her outside the residence and told her what had happened. The two women reentered the house to confront respondent, but she had fled. Yvette added that "freaking" meant having sexual contact.

Victoria W. testified that respondent lived with her from March through June 9, 1986. Beginning in June, respondent worked as a babysitter for Victoria. At 10 a.m. on June 9, 1986, Victoria, her children and respondent visited Yvette Scott at her home. Victoria went to the store but left her children at the Scotts' home. When she returned, Yvette met her at her car and they conversed. They then reentered the house to speak with respondent, who had gone. Victoria then attempted to question her children, but Carolyn became "nervous" and refused to respond.

Later that evening, when Carolyn complained that "something was wrong," with her vagina, Victoria examined it and discovered that it was inflamed and infected with pus. She also examined Jonathan's penis and observed that it was inflammed and swollen. The following day, Victoria took the children to their physician. After he examined them and talked with Victoria, he called the police. Victoria gave the officers information regarding respondent. When the doctor's test results were completed, the children were treated with penicillin.

Victoria also testified that when they left the doctor's office, Jonathan stated that respondent "be feeling on me and made me put my mouth on her titty." Victoria stated that the term "freaking" meant to fondle.

Dr. Suckoo Kim testified that, when he examined Carolyn, he observed "redness and discharge" in her genital area, which was an abnormal condition for a five-year-old. He then asked Victoria if any one had touched Carolyn. The child then replied to her mother that respondent had licked her vagina.

The doctor also testified that, when he examined Jonathan, he noted that the boy's penis was swollen and infected. Laboratory tests disclosed that both youngsters had gonorrhea. The doctor added that both children could have contracted the disease from respondent if she had been infected and had physical contact ...


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