People  v. Rebecca

• Decision Date: 20 April 2012
• Docket Number: 2–11–0204.,2–10–0303,Nos. 2–09–1259,s. 2–09–1259
• Citation: 969 N.E.2d 394,2012 IL App (2d) 091259,360 Ill.Dec. 584
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Michael C. REBECCA, Defendant–Appellant. The People of the State of Illinois, Plaintiff–Appellee, v. Michael C. Rebecca, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

2012 IL App (2d) 091259

969 N.E.2d 394

360 Ill.Dec. 584

The PEOPLE of the State of Illinois, Plaintiff–Appellee,

v.Michael C. REBECCA, Defendant–Appellant.

The People of the State of Illinois, Plaintiff–Appellee,

v.Michael C. Rebecca, Defendant–Appellant.

Nos. 2–09–1259, 2–10–0303, 2–11–0204.

Appellate Court of Illinois, Second District.

April 20, 2012.

Johannah B. Weber, Deputy Defender (Court-appointed), Larry R. Wells, (Court-appointed), Office of the State Appellate Defender, Mt. Vernon, for appellant.

Michael J. Waller, Lake County State's Attorney, Waukegan (Lawrence M. Bauer, Deputy Director, Mary Beth Burns, Kristin M. Schwind, State's Attorneys Appellate Prosecutor, of counsel) for the People.

OPINION

Justice BOWMAN delivered the judgment of the court, with opinion.

[360 Ill.Dec. 588]¶ 1 Defendant, Michael C. Rebecca, was indicted in two separate trial court proceedings for multiple sexual offenses involving multiple victims. The charges culminated in three jury trials, involving three of the victims, R.C., T.S., and A.W.

¶ 2 After the jury trial on the charges relating to R.C., defendant was convicted of 10 counts of criminal sexual assault (720 ILCS 5/12–13(a)(4) (West 2006)) and 10 counts of aggravated criminal sexual abuse (720 ILCS 5/12–16(f) (West 2006)). Defendant was sentenced to 60 years' imprisonment.

¶ 3 After the jury trial on the charges relating to T. S., defendant was convicted of 10 counts of predatory criminal sexual assault of a child (720 ILCS 5/12–14.1(a)(1) (West 2006)), 10 counts of criminal sexual assault, and 8 counts of aggravated criminal sexual abuse. After the jury trial on the charges relating to A.W., defendant was convicted of four counts of criminal sexual assault and four counts of aggravated criminal sexual abuse. Defendant was sentenced to a total of 180 years' imprisonment for the charges relating to T.S. and A.W. Defendant appealed all three judgments, under case numbers 2–09–1259 (R.C.), 2–10–0303 (T.S.), and 2–11–0204 (A.W.), making many of the same arguments in each appeal. This court consolidated the appeals on our own motion.

¶ 4 Defendant argues that: (1) the trial court erred in failing to instruct the juries on aggravated criminal sexual abuse as a lesser included offense of the criminal sexual assault charges; (2) the jury instructions improperly expanded the charges in the indictments; (3) he was denied fair trials when the prosecutors made improper remarks in closing arguments; (4) trial counsel rendered ineffective assistance when certain psychological materials were submitted in error during his sentencing hearings; and (5) the evidence was insufficient to sustain his convictions of the charges relating to T.S. We affirm.

¶ 5 I. BACKGROUND

¶ 6 A. Trial Involving R.C.

¶ 7 On December 5, 2007, a grand jury issued a 99–count indictment against defendant for sexual crimes against multiple victims in trial court case number 07–CF–4272. The counts that eventually went to trial in that case related to R.C. Specifically, those counts were: counts XI through XV (criminal sexual assault where defendant held a position of trust and placed his mouth on the penis of R.C.); counts XVI through XX (criminal sexual assault where defendant held a position of trust and placed his penis in the mouth of R.C.); counts XLVII through LI (aggravated criminal sexual abuse where defendant held a position of trust and placed his penis in the hand of R.C. for the purpose of defendant's sexual gratification); and counts LII through LVI (aggravated criminal sexual abuse where defendant held a position of trust and placed his hand on the penis of R.C. for the purpose of defendant's sexual gratification).

¶ 8 On October 21, 2008, defendant filed a motion for a bill of particulars. In that motion, defendant stated that all of the counts in the indictment “include the following additional element—that when the act was committed the Defendant ‘... held a position of trust, authority, or supervision in relation to the victim.’ ” Defendant stated that the indictment was “devoid of any specific articulation of facts or evidence of any trust, authority, or supervision as to a) each individual victim, and b) * * * each time and act of misconduct with the individual victim.” After delays due to defendant's health problems, defendant filed on July 13, 2009, a motion to compel the State to respond to his earlier motion for a bill of particulars. On August 6, 2009, the State filed its response, which contained the following information: defendant was a friend of several of the victims' parents; each victim spent days and nights at defendant's apartment; the victims would play games on defendant's computer and watch movies or play video games on defendant's television; and defendant would provide the victims with food and drink. In addition, as to R.C., the State provided that R.C.'s parents had known defendant for over 25 years prior to November 2007, and they considered him a good friend. Further, defendant had known R.C. since he was born; R.C. spent the night at defendant's apartment on many occasions; defendant was the adult responsible for watching him; R.C.'s parents knew when he stayed with defendant overnight; and they knew of other parents who allowed their children to spend the night at defendant's apartment. On September 2, 2009, the defense again requested disclosure of specific statements or facts to demonstrate that defendant held a position of trust. The State responded that R.C. was allowed to spend many nights at defendant's home, where defendantwas the adult in charge of the apartment and R.C.

¶ 9 On September 10, 2009, defendant moved to dismiss the indictment, alleging that the indictment insufficiently alleged the crimes with specificity and insufficiently alleged facts to support a position of trust, authority, or supervision. On September 11, the court heard arguments on the motion's allegation as to the position of trust, authority, or supervision. The State informed the court that it had tendered to the defense statements from the parents that addressed the issue of trust, supervision, or authority, and the matter was continued. On September 14, the court heard the motion and defendant argued that the State presented evidence on the other victims on the issue of trust, authority, or supervision but did not present specific information as to R.C.'s relationship with defendant. The State responded that it presented information as to R.C. spending many nights with defendant in defendant's home and under his care and that such evidence was sufficient to establish the position under People v. Secor, 279 Ill.App.3d 389, 216 Ill.Dec. 126, 664 N.E.2d 1054 (1996). The court denied the motion, finding that the State was not required to prove each element before the grand jury. Further, the court found that sufficient evidence was presented to the grand jury for it to decide to issue the indictment.

¶ 10 Defendant's trial commenced on September 15, 2009. During opening statements, the State argued that defendant held a position of trust in relation to R.C. through the nature of their relationship: that he was “Uncle Mike,” a close friend to R.C.'s family for R.C.'s entire life. The State argued that defendant participated in R.C.'s holidays and birthdays and that R.C. and his parents trusted defendant enough to allow defendant to babysit R.C. and his siblings and provide R.C. with his medication. Defense counsel argued that, if there was no position of trust, authority, or supervision, the oral sex that occurred with R.C. after the age of 17 would be legal. Defense counsel argued that, as to “the element of position of trust and authority,” it was not enough to say that the parents of R.C. trusted defendant. Defense counsel argued that defendant was not a teacher, counselor, coach, or man of the cloth.

¶ 11 P.C., the father of R.C., testified that he had two children, R.C., age 19, and E.C., age 15. P.C. met defendant while they both were employed by Abbott Laboratories, sometime before P.C. had kids. They became friends, and defendant interacted with P.C.'s whole family. Defendant would go to the movies or rent movies with the family. Initially defendant had contact with the children when he would go to the movies with the family or they would spend time at each other's homes. Over time, defendant had more social contacts with the children, such as attending birthday parties or other kinds of social events. Defendant would also interact with the children at Christmas and exchange gifts with the family. Defendant was close to the family, and the children referred to him as “Uncle Mike.”

¶ 12 P.C. testified that defendant babysat the children many times over the years. P.C. gave defendant instructions on R.C.'s care, including how and when to administer R.C.'s epilepsy medication and making sure that R.C. completed his homework. As R.C. got older (around age 12 or 13), he was allowed to spend nights at defendant's home. Initially, the overnight visits occurred every other month or less. Around age 14 or 15, the overnight visits occurred approximately monthly. P.C. was never worried about R.C. while he was with defendant. The instructions P.C. gave to defendant about R.C.'s care were always followed. If R.C. had to be someplace, such as church, after spending the night with defendant, defendant made sure he got there on time. E.C. would also spend nights at defendant's home, usually when defendant's niece was visiting, as she was close to E.C.'s age. R.C. would often help defendant with household chores. In addition to the overnight visits, R.C. also spent time with defendant on outings, such as going to Cubs games or hockey games. Whenever R.C. was with defendant, P.C. considered defendant “in charge of [his] son.” He also listed defendant as a medical emergency contact with R.C.'s school. On cross-examination, P.C. admitted that he never paid defendant to babysit.

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