Appeal from the Circuit Court of Lake County. No. 98-CF-1489 Honorable George Bridges, Judge, Presiding.
The opinion of the court was delivered by: Justice Inglis
Following a bench trial, defendant, Richard Patterson, appeals his conviction of attempted aggravated criminal sexual abuse (720 ILCS 5/8--4(a), 12--16(d) (West 1998)), contending that he was not proved guilty beyond a reasonable doubt, that the trial court erred by failing to suppress his statements to police, and that the trial court should have dismissed two counts of his indictment for violating his rights to a speedy trial. We affirm in part and vacate in part.
Following his arrest on June 11, 1998, defendant was charged by indictment with indecent solicitation of an adult (count I), solicitation (aggravated criminal sexual abuse) (count II), and attempted aggravated criminal sexual abuse (count III). Subsequently, on November 13, 1998, defendant was indicted on two more counts of attempted aggravated criminal sexual abuse (counts IV and V) and the State nol-prossed the solicitation counts.
Before trial, defendant filed four motions to dismiss and a motion to suppress to which he filed two more supplements. The trial court heard and denied defendant's motions to dismiss. Defendant agreed to waive a jury trial and, beginning on December 10, 1998, the trial court simultaneously heard defendant's motion to suppress and began the bench trial.
The following evidence was adduced at the hearing on the motion to suppress and the bench trial. Detective Richard White of the Lake County sheriff's department testified that, in June 1998, he was investigating sexual conversations conducted on the Internet. White adopted the screen name of "Yacoo" and portrayed himself as a 15-year-old boy named Rob. On June 9 and June 11, 1998, "Yacoo" conducted several conversations with defendant, who was using the screen name "Boysneeded." White testified that he conversed with defendant in a chat room and also using the instant messaging feature of America Online (AOL), which allowed two users to have a private conversation.
On June 11, 1998, White, as Yacoo, had the following instant message conversation:
"Boysneeded: having problems
Boysneeded: yes not a good day but good for sex..
Boysneeded: would you like a blow job today?
Yacoo: ya it would be its cold and raining out
Boysneeded: so want me to cum to you
Boysneeded: are you home a lone
Yacoo: i do but im scard no my moms home
Boysneeded: well if she is home i couldnt give a blow job then
Yacoo: if we ment [sic] some where
Boysneeded: then how would we do anything?
Yacoo: we could drive around and get to know each ...