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10/11/94 PEOPLE STATE ILLINOIS v. EDWARD PENCE

October 11, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
EDWARD PENCE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County. The Honorable Mary Jane Theis, Judge Presiding.

DiVito, McCormick, Hartman

The opinion of the court was delivered by: Divito

Presiding Justice DiVito delivered the opinion of the court:

Defendant Edward Pence appeals from his convictions on two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12-14(b)(1), now 720 ILCS 5/12-14(b)(1) (West 1992)), for which he was sentenced to two, consecutive, 45-year extended terms of imprisonment, for a total of 90 years. He presents as issues for review whether: (1) the mandatory imposition of consecutive sentences was error; (2) the circuit court erred in sentencing him to extended terms; (3) his total sentence was excessive; and (4) the prosecutor's remarks in closing argument denied him a fair trial.

Rudy C. testified that he was 10 years old and attended third grade. In August 1989, when Rudy was seven years old, he belonged to a Cub Scout troop of which defendant was the leader. The troop met every Saturday at a local church and then went to a nearby basement meeting hall.

In early August 1989, Rudy went into the church bathroom during a scout meeting. Defendant followed Rudy into the bathroom and kissed him, using his tongue.

On the day after Rudy's eighth birthday, August, 4, 1989, the scouts gathered in the basement to watch a movie. Defendant took Rudy into a back room, pulled down Rudy's pants and underwear, picked Rudy up from his legs, and "sucked his penis like a baby." Defendant cautioned Rudy not to tell anyone what had happened.

At another Cub Scout meeting just before Thanksgiving of 1989, defendant again followed Rudy into the bathroom. Defendant kissed Rudy with his tongue, pulled down Rudy's pants and underwear, lifted Rudy to the sink, and sucked Rudy's penis for about two minutes. Afterwards, defendant warned Rudy not to tell anyone.

Sometime between Thanksgiving and Christmas of 1989, the Cub Scout group met to watch an Eddie Murphy movie. Defendant grabbed Rudy by the wrist and took him into the back room. Defendant pulled down his own pants and underwear, grabbed Rudy's shoulders, and forced Rudy to suck his penis. Defendant then pulled down Rudy's pants and underwear, picked Rudy up like a baby, and sucked Rudy's penis. The occurrences in the back room lasted about three minutes. Defendant threatened to hurt Rudy's parents if he told anyone.

In January 1990, the Cub Scout troop met in the basement to watch another movie, "Police Academy II." Defendant called Rudy to the back to help him bag popcorn. Rudy and another scout named Steven went to assist defendant, who proceeded to kiss both Rudy and Steven with his tongue. Defendant then masturbated until white stuff came out of his penis into a cup. Defendant discarded the cup and walked out of the room, saying nothing to the boys.

On March 10, 1990, Rudy attended another Cub Scout meeting in the basement. As Rudy was sitting down, defendant grabbed his shirt and pulled him into the back room. Defendant pulled down his own pants and underwear, grabbed Rudy's hair, and forced Rudy to suck his penis for one to two minutes. Defendant then masturbated until white stuff came out of his penis, some of which landed on Rudy's leg. Defendant gave Rudy some toilet paper to wipe it off and told him not to tell anyone.

Shortly thereafter, Rudy asked his older sister whether he had any glue in his body. Rudy told her that defendant made him suck defendant's penis, and defendant sucked his penis. Rudy thought glue was in his body because defendant had showed him the glue which came out of his penis. The next day, accompanied by his sister, Rudy told defendant's boss, Juanita, that defendant had kissed him with his tongue. Juanita said she was busy and would talk with Rudy later. Rudy next told his mother that defendant had touched Steven. When she expressed relief that at least it had not happened to Rudy, he told her it had. Rudy's mother called the police and took him to see a doctor.

Steven S. testified for the State that he was 10 years old and attended sixth grade. In January 1990, while the other scouts were watching a movie, he and Rudy went into the back room to help defendant prepare popcorn. Defendant kissed them and then masturbated. Defendant threatened Steven that if he told anyone, defendant would kill his parents. Steven told no one until the police came to his house.

Rudy's sister testified that on March 20, 1990, Rudy asked her if he had glue inside his body. When she asked why, Rudy said defendant had put his penis in Rudy's mouth and had sucked Rudy's penis. The next day she and Rudy spoke with Juanita. The day after that they spoke with police. Rudy's mother testified that after ...


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