Appeal from Circuit Court of McLean County. No. 92CF905. Honorable Ronald C. Dozier, Judge Presiding.
Modified on Denial of Rehearing March 8, 1995. Released for Publication March 8, 1995.
Honorable Robert J. Steigmann, J., Honorable Robert W. Cook, J., Honorable Carl A. Lund, J., Concurring
The opinion of the court was delivered by: Steigmann
MODIFIED ON DENIAL OF REHEARING.
The Honorable Justice STEIGMANN delivered the opinion of the court:
In November 1993, a jury convicted defendant, David G. Lewis, of three counts of official misconduct. (720 ILCS 5/33-3 (West 1992).) The trial court sentenced him to 30 months of probation, and as conditions thereof, imposed 120 days in jail, 100 hours of community service, and a $500 fine. Defendant appeals, arguing that (1) the court erred in denying his motion to suppress his statements to police; (2) the State failed to prove him guilty beyond a reasonable doubt; (3) the charges against him were unconstitutionally vague; (4) the court erred in refusing to sever charges against him; and (5) he was denied a fair trial when a police detective testified that a witness agreed to take a polygraph.
We reverse and remand for a new trial.
In October 1992, T.S., then 29 years old, reported to the McLean County sheriff's department certain incidents which occurred between her and defendant, her probation officer. T.S. had four to six visits with defendant at his office during which he closed the door, complimented T.S., held her hands, and made sexual comments. During later visits, he hugged and kissed T.S. and masturbated in front of her. He asked to see her underwear and told her he wanted her sexually.
Based upon T.S.' allegations, the trial court authorized an eavesdropping device to enable the sheriff's department to listen and record conversations between T.S. and defendant. After listening to the recorded conversations, the sheriff's department sought to interview defendant. His supervisor, Dallas Lyle, asked him to accompany Lyle to the sheriff's department. Lyle provided no explanation for his request. Defendant went with Lyle to the sheriff's department, which was located in the same building as defendant's office. He was greeted by two detectives who were waiting to interview him, and they took him into an office.
Defendant's recorded interview lasted nearly three hours and began with the detectives telling him they received information concerning sexual improprieties taking place in his office. They did not accuse him, but instead they told him it was routine "to check on these things." Although he repeatedly denied the allegations, one of the detectives advised him of his Miranda rights about 30 minutes into the interview.
At one point in the questioning, the detectives confronted defendant with the tape of his conversations with T.S. He then admitted he kissed and hugged her, but denied masturbating in front of her. He also claimed T.S. "came on" to him, not the reverse. The detectives explained that he faced criminal charges of aggravated battery, sexual abuse, and official misconduct. He was then arrested and taken to the county jail. He was also suspended from his duties as a probation officer.
The detectives subsequently learned about other incidents involving defendant and other women on probation. Each of these women gave statements to the detectives and testified at trial.
The State charged defendant in an 11-count indictment with three counts of aggravated battery and eight counts of official misconduct. The charges involved four different women. The jury found defendant guilty on three counts of official misconduct, not guilty on two aggravated battery counts, and could not reach verdicts on the other counts.
A. Reference to a Polygraph Examination
Defendant initially contends that he was denied a fair trial because a detective testified that T.S. agreed to take a polygraph examination. During the State's direct examination of the detective, a 13-year ...