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People v. Clark

Court of Appeals of Illinois, First District, Third Division

May 21, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
EUN KYUNG CLARK, Defendant-Appellant

As Corrected May 28, 2014.

Page 709

As Corrected.

Appeal from the Circuit Court of Cook County. No. 11 CR 16851. The Honorable Luciano Panici, Judge, presiding.

SYLLABUS

Defendant's conviction for promoting prostitution at a spa was upheld where a rational trier of fact could have found beyond a reasonable doubt that defendant knew or should have known that prostitution was occurring at the spa where she worked at the reception desk, and defendant's contention that she was deprived of a fair trial, due process and her privilege against self-incrimination because of the court-appointed interpreter's translation errors was rejected, since she forfeited the issue by failing to object at trial and did not raise the issue on appeal.

For PLAINTIFF-APPELLEE: Alan J. Spellberg, Kathleen Warnick, Susanna Bucaro, Office of the State's Attorney County of Cook, Chicago, IL.

For DEFENDANT-APPELLANT: Lauren Kaeseberg, Chicago, IL; Joseph N. DiNatale, Michael P. DiNatale, DiNatale Law Offices, P.C., North Riverside, IL.

PRESIDING JUSTICE HYMAN delivered the judgment of the court, with opinion. Justices Pucinski and Mason concurred in the judgment and opinion.

OPINION

HYMAN PRESIDING JUSTICE.

Page 710

[¶1] Defendant argues that her conviction for promoting prostitution at a spa should be reversed because the State failed to present sufficient evidence that she had control of the spa and knew prostitution was occurring there. 720 ILCS 5/11-14.3(a)(1), 11-0.1 (West 2010). Eun Kyung Clark, whose first language is Korean, also contends errors by the court-appointed interpreter in translating her testimony violated her right to a fair trial and due process and impinged on her fifth amendment right against self-incrimination. Lastly, Clark asserts the trial court's credibility determinations in favor the State were against the manifest weight of the evidence.

[¶2] We affirm. Based on all of evidence presented, a rational trier of fact could have found Clark knew or should have known prostitution was occurring at the spa. Regarding the competency of the interpreter, Clark forfeited this issue by failing to object at trial and failing to raise plain error review in her brief. (Clark did not file a reply brief.) Finally, Clark has not presented a basis to disturb the court's credibility determinations.

[¶3] BACKGROUND

[¶4] In September 2011, Nabi Spa in Lansing, Illinois, became the target of an undercover operation by the Cook County sheriff's office in response to complaints that prostitution was taking place. On the evening of September 8, 2011, two sheriff's office investigators, Robert Gassman and Dan Schaller, posed as spa customers. Gassman entered the spa first, at about 7 p.m. He testified the spa has a small vestibule area with a camera and a locked metal door. Gassman rang a door bell, and Clark admitted him into the reception area. Clark asked Gassman if he wanted a massage and offered him the option of a half-hour or full-hour massage. Gassman asked for a half-hour massage and handed Clark $50 in marked bills. Clark took Gassman to a room about 10 feet from the reception area ...


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