APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION
548 N.E.2d 606, 192 Ill. App. 3d 144, 139 Ill. Dec. 221 1989.IL.1912
Date Filed: December 8, 1989; As Corrected March 28, 1990.
Appeal from the Circuit Court of Cook County; the Hon. Francis J. Mahon, Judge, presiding.
PRESIDING JUSTICE EGAN delivered the opinion of the court. McNAMARA and LaPORTA,* JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE EGAN
After a bench trial, the defendant, Charles Dean, was convicted of the criminal sexual assault of his daughter and sentenced to four years' probation with the first five months to be served with the Cook County Department of Corrections. The five months were considered served.
The defendant first contends that he was not proved guilty beyond a reasonable doubt because his 12-year-old daughter, A.D., recanted the stories that she had previously told her mother, the police and the State's Attorney and testified that her father had done nothing wrong.
A.D. testified that she was living with her parents, Denise and Charles Dean, at 1846 West Birchwood in Chicago on or about July 29, 1987. On cross-examination she testified that her father did not perform any sexual acts upon her. She admitted that, on August 10, 1987, she told her mother and the police that her father had performed sexual acts upon her. She told her mother about the sexual acts because she was mad that her father would not let her go to a party. Around August 9 or 10 she told her mother that she had missed her period or that it was late. When her mother asked her if she had been "fooling around," she told her mother that she had been "fooling around" with her father. She knew that she had talked to various police officers and an assistant State's Attorney, but she did not remember what she had told them.
Detective Katherine Fitzgibbons testified that she interviewed A.D. at the 24th District police station sometime during the day on August 10, 1987. A.D. told her that she was worried that her father had made her pregnant. Her father had had sex with her on at least two occasions. On one occasion, he picked her up, carried her to his bedroom, took off her clothes and licked her vagina. On another occasion he placed his penis inside her vagina. Both incidents occurred in June or July, 1987. One incident occurred around her father's birthday, either July 29 or 30.
Officer Dan Kenn testified that on August 10, 1987, he went to the defendant's home about 7:40 a.m. When he arrived he saw Denise Dean and A.D. Mrs. Dean told Kenn that A.D. came to her that morning and told her that she had missed her period and was afraid that she might be pregnant. A.D. told her that she had been "fooling around" with "daddy." Sergeant Glenn White arrived shortly after that conversation, and Mrs. Dean advised the officers that she had called her husband at work and instructed him to come home. Sergeant White told Mrs. Dean to confront her husband when he came home and that he and Officer Kenn would listen to the conversation.
The defendant arrived home about 20 minutes after Kenn's arrival. He and his wife talked in the kitchen, and Kenn and White listened in the living room about 5 to 10 feet away. The two rooms were separated by an open doorway. Mrs. Dean became very hysterical and began screaming and yelling at the defendant. She demanded to know whether he had had sex with their daughter. At first the defendant denied knowing anything; then he admitted to having sex with A.D. After hearing that statement, Kenn and White entered the kitchen and placed the defendant under arrest.
After receiving Miranda warnings, the defendant said that he had had sex with A.D. a couple of times at their home, that he was sorry and that he did not intend everything to turn out as it did. He also said that he needed help and wanted to start getting help. At that time both Mrs. Dean and A.D. were crying.
Assistant State's Attorney Ellen Mandeltort spoke to A.D. at the 24th District police station about 11:30 a.m. A.D. told her that her father had sexually abused her for some period of time. Mandeltort then spoke with the defendant in an interview room and advised him of his Miranda rights. He acknowledged that he understood his rights and agreed to talk. He asked if he could speak to her alone in the lock-up. He was crying at the time and said that he did not want to ruin his family. He told her that he could remember three times when sexual things happened with his daughter; on one occasion he actually inserted his penis into his daughter's vagina; on two other occasions he had licked his daughter's vagina. More specifically, he said that "his daughter had asked him to kiss her stomach, and somehow his head wound up by her vagina, and he was ...