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People v. Summers

November 12, 2004

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
TEDDY E. SUMMERS, DEFENDANT-APPELLANT.



Appeal from Circuit Court of Coles County. No. 02CF589. Honorable Mitchell K. Shick, Judge Presiding.

The opinion of the court was delivered by: Justice Cook

PUBLISHED

Defendant, Teddy E. Summers, appeals from his conviction of predatory criminal sexual assault of a child. 720 ILCS 5/12-14.1(a)(1) (West 2002). On appeal, defendant argues that (1) the evidence against him was contradictory and inconsistent, such that reasonable doubt of guilt remained; (2) the trial court erred in refusing to allow defendant to inquire about the victim's prior sexual conduct; (3) the court erred in allowing witness testimony regarding defendant's prior incarceration; (4) the court erred in allowing testimony and the recordings of telephone calls made by defendant and his wife following the incident; (5) the sex-offender-specific evaluation should have been stricken because it contained unauthorized disclosures of confidential information given during treatment; (6) the court erred in imposing an extended-term sentence of 42 years' imprisonment; and (7) the court considered an improper factor when imposing a sentence that is both harsh and excessive. We affirm.

I. BACKGROUND

On September 12, 2002, defendant; his wife, Kelly; and their two children, W.S., age 8, and K.S., age 5, visited Mattoon and the home of George Davis; his wife Melissa; and their two children, C.D., age 12, and J.D., age 5. Melissa had thrown a home and garden party in the afternoon, and defendant and his family stayed afterward to have a cookout. While Melissa's party was going on, defendant, George, and the children went to the park and played. They returned at a little past 6 p.m., after the party ended. At around 6:30, George testified that he started grilling on the back porch while Melissa and Kelly cooked side dishes in the kitchen. George stated that he went in and out of the house several times because he was also cooking twice-baked potatoes in the kitchen. All of the children were playing in the backyard. Defendant helped George with the grilling but at times would stop and smoke a cigar on the back stoop.

At some point before dinner, C.D., then age 12, testified that he needed to use the restroom, but because someone was using the one in the house, he urinated behind a bush near the back stoop. He testified that defendant followed him and asked if he could "see his pecker" and was wanting to look at his penis and pinch it. C.D. testified that defendant asked if he could touch C.D.'s penis and that C.D. told him that he could not. C.D. testified that defendant told him not to tell anyone because if he did, defendant would go back to jail and lose his family.

Everyone sat down to eat dinner at around 7:30, and they finished at around 8:30. After dinner, Melissa played a digital video disk (DVD) movie for the children in the living room. C.D. testified that he once again went outside to use the "restroom," and once again, defendant followed him. C.D. testified that defendant was asking him if he could touch his penis and was asking about the size of it. C.D. again rebuffed defendant and went inside and sat down on the couch. He testified that defendant went into C.D.'s parents' room.

After dinner was cleaned up and the movie had been started for the children, all of the adults went into George and Melissa's bedroom. Melissa and Kelly watched television, and George loaded a bowling game for defendant and him to play on the computer. C.D. testified that at some point later, George told the children to get their bedclothes on. C.D. went into the bathroom, which has two doors but only one that locks. He was urinating when defendant entered the bathroom. Again, defendant asked C.D. if he could touch his "pecker" and was making measurements with his thumb and finger, trying to guess the size of C.D.'s penis. C.D. testified that once again he told defendant, "no." Defendant then cornered C.D. in the bathroom, dropped to his knees, and began to suck on C.D.'s penis. C.D. testified that he did not know how long this lasted but that he did not ejaculate. When defendant stopped, C.D. pulled up his pants and ran out into the living room. He stated that the children were still playing in the living room and the adults were all in his parents' room. C.D. then went into his bedroom and changed his clothes for bed.

George testified that while he was playing the bowling game with defendant, defendant stated that he was going to go change his clothes for bed. Defendant then left the room for what "seemed like forever, but it was about [15] or [20] minutes." When defendant returned, he had not changed his clothes, and he was spilling a cup of coffee all over the floor. George testified that defendant told him he would change later. Melissa also testified that she noticed that defendant left the room for a long period of time while she and Kelly watched television. Both defendant and Kelly denied that defendant ever left the room, but they did admit that he went to get a cup of coffee and that he was spilling it.

After everyone had gotten ready for bed, C.D. lay down on the couch in the living room. Next to the couch on the floor was defendant, K.S., and Kelly. W.S. was on the love seat next to Kelly. As everyone was getting into bed, C.D. testified that defendant was pulling the blankets off of him and touching him on the shoulder, telling him not to tell anyone because otherwise defendant would not get to see his wife and kids anymore. C.D. got up and went into his parents' room and asked if he could sleep on the floor in there. They let him, and he lay down on the floor. A few minutes later, defendant came into the room to apologize for doing anything to offend C.D. Kelly testified that defendant did not say anything to C.D. when C.D. was on the couch in the living room but did say that he was teasing C.D. by playing with his blanket.

The next morning, everyone woke up at around 7 a.m. Defendant and his family returned to their home in Decatur. Later that evening, C.D. told his parents what had happened the other night. After calling a friend from church for advice, George called the police and reported the incident.

Following a jury trial, defendant was convicted of predatory criminal sexual assault of a child. The trial sentenced him to an extended term of 42 years' imprisonment. This appeal followed.

II. ANALYSIS

A. Reasonable-Doubt ...


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