People v. Alyssa G. (In re J.V.)

• Decision Date: 28 September 2018
• Docket Number: Nos. 1-17-1766,17-1768 & 17-2137 Cons.,s. 1-17-1766
• Parties: IN RE J.V., E.V., G.V., Israel C. and Issac C. Jr., Minors-Respondents-Appellees, (People of the State of Illinois, Petitioner-Appellee, v. Alyssa G., Francisco V. and Isaac C. Sr., Respondents-Appellants).
• Court: United States Appellate Court of Illinois

2018 IL App (1st) 171766

115 N.E.3d 1099

426 Ill.Dec. 177

IN RE J.V., E.V., G.V., Israel C. and Issac C. Jr., Minors-Respondents-Appellees,

(People of the State of Illinois, Petitioner-Appellee,

v.Alyssa G., Francisco V. and Isaac C. Sr., Respondents-Appellants).

Nos. 1-17-1766

17-1768 & 17-2137 Cons.

Appellate Court of Illinois, First District, Fifth Division.

September 28, 2018

Rehearing denied October 23, 2018

Amy P. Campanelli, Public Defender, of Chicago (Eileen T. Pahl, Assistant Public Defender, of counsel), for appellant Alyssa G.

Bruce H. Bornstein, of Chicago, for appellant Francisco V.

Thomas M. O’Connell, of Schaumburg, for other appellant.

Kimberly M. Foxx, State’s Attorney, of Chicago (Alan J. Spellberg and Nancy Kisicki, Assistant State’s Attorneys, of counsel), for the People.

Charles P. Golbert, Acting Public Guardian, of Chicago (Kass A. Plain and Christopher Williams, of counsel), for respondents-appellees.

JUSTICE HALL delivered the judgment of the court, with opinion.

¶ 1 This is an accelerated appeal under Illinois Supreme Court Rule 311(a) (eff. Feb. 26, 2010). The respondent-parents, Alyssa G. (Alyssa), Francisco V. (Francisco) and Isaac C. Sr. (Isaac), filed three separate appeals challenging the orders of the circuit court of Cook County, finding them unfit, terminating their parental rights and finding that it was in the respondent-minors' best interests to appoint a guardian with the right to consent to their adoption. The three appeals were consolidated for our review.

¶ 2 In his appeal, Francisco contends that (1) the State failed to establish it was in the minors' best interests to expedite the termination of his parental rights, and (2) the trial court erred in finding him unfit for behaving in a depraved manner. In her appeal, Alyssa contends that (1) she was denied due process and unfairly prejudiced when the trial court elicited and relied on unsworn testimony by three of the respondent-minors, or, in the alternative, she received ineffective assistance of trial counsel, (2) the admission of prior consistent statements was error, and (3) the termination of her parental rights was not in the best interests of the minor-respondents. In his appeal, Isaac contends that (1) the trial court's abuse and neglect findings against him were against the manifest weight of the evidence, (2) there was insufficient evidence to support the trial court's findings that he was unfit and that his parental rights must be terminated, and (3) expediting the termination of his parental rights was improper. For the reasons set forth below, we affirm the orders of the circuit court.

¶ 3 Pursuant to Rule 311(a)(5), this court was required to issue our decision within 150 days after the filing of the notice of appeal, except for good cause shown. In this appeal, we granted multiple extensions of time for the filing of the record and the briefs. While these extensions delayed the filing of our decision, in each case, the parties' requests were made for legitimate reasons and not to hinder the timely resolution of this appeal.

¶ 4 BACKGROUND

¶ 5 I. Facts

¶ 6 Alyssa and Francisco are the parents of J.V., born in July 2006, E.V., born in February 2008, and G. V., born in August 2009 (collectively the minors). Alyssa and Isaac are the parents of the twins, I.C. Jr. and I.C. (the twins), born July, 2016. Alyssa was also the mother of M. A., deceased, born in January 2012. Giovanni C. was the father of M.A.¹

¶ 7 In April 2012, Alyssa was arrested and charged with child endangerment after Chicago police discovered the minors asleep in an unheated vehicle. The minors and M.A., who had been left in the care of a friend of Alyssa, were placed in foster care. Alyssa pleaded guilty to child endangerment and was sentenced to 18 months' supervision. By August 2015, the minors and M.A. had been returned to her custody, and in November 2015, the circuit court closed the case. On July 29, 2016, while living with Alyssa, Isaac and the minors, four-year-old M.A. died. On July 30, 2016, Alyssa gave birth to the twins.

¶ 8 On August 2, 2016, Alyssa and Isaac were seen fleeing from a burning abandoned building. Chicago police officers discovered M.A.'s body in the building and arrested Alyssa and Isaac.

¶ 9 II. Circuit Court Proceedings

¶ 10 On August 5, 2016, the State filed petitions for adjudication of wardship and motions for temporary custody of the minors and the twins. The petitions sought expedited termination of parental rights. See 705 ILCS 405/2-21-5 (West 2016) (providing for termination of parental rights at the first dispositional hearing). On August 24, 2016, the State brought a delinquency petition against Isaac, then 17 years-of-age,² alleging one count of attempted residential arson and two counts of concealment of a death. On September 16, 2016, the State filed amended petitions for the minors and the twins.

¶ 11 With regard to the minors, Alyssa was alleged to be unfit based on: (1) repeated or continuous substantial neglect of a child in the household, which resulted in the death of that child; (2) extreme and repeated cruelty; (3) failure to protect the child from an injurious environment; and (4) depravity. See 750 ILCS 50/1(D)(d-1), (e), (g), (i) (West 2016). Francisco was alleged to be unfit due to depravity. See 750 ILCS 50/1(D)(i) (West 2016). With regard to the twins, Alyssa and Isaac were alleged to be unfit based on: (1) abandoning the twins at the hospital;³ (2) repeated or continuous substantial neglect of a child residing in the household resulting in the death of that child; and (3) depravity. See 750 ILSC 50/1(D)(a-1), (i) (West 2016).

¶ 12 A. Adjudication

¶ 13 Evidence as to the allegations of abuse and neglect and unfitness was presented at hearings on November 18, 2016, and December 30, 2016.

¶ 14 1. November 18, 2016

¶ 15 At the November 18, 2016, hearing, the State presented exhibits in support of the petition for neglect and abuse of the minors and the twins, including the August 2, 2016, electronic recording of Alyssa's interview with Chicago Police detectives regarding the discovery of M.A.'s body and the August 17, 2016, electronic recordings of the minors' individual victim sensitive interviews conducted by Elizabeth Perez of the Children's Advocacy Center. The electronic exhibits were admitted into evidence. The contents of the interviews are summarized below.

¶ 16 a. Alyssa's Interview with Chicago Police Detectives

¶ 17 During the interview with the detectives, Alyssa stated that she had taken M.A. to a doctor because he was not gaining weight. The doctor had prescribed Pediasure. On July 29, 2016, she tried but failed to resuscitate M.A. who had stopped breathing. Alyssa placed M.A.'s body in the shower, hoping to revive him. She denied that anyone had abused M.A. prior to his death. Alyssa told the detectives that Isaac and she took M.A.'s body to an abandoned building on July 30, 2016. She then went to the hospital and gave birth to the twins. Later, Alyssa claimed that Isaac, his brother and she carried M.A.'s body to the abandoned building shortly before they were arrested. Alyssa claimed that she waited outside the building while Isaac and his brother went inside with the body.

¶ 18 Alyssa insisted that neither Isaac nor his brother had anything in their hands. She denied knowing that either of them had a fire accelerant in their possession. She did not know a fire had been started until the fire department arrived.

¶ 19 b. Victim Sensitive Interviews

¶ 20 J.V.

¶ 21 10-year-old J.V. had been playing video games with Isaac and Christian, Isaac's brother when Alyssa asked him to check M.A.'s pulse and heartbeat to determine if he was dead. After J.V. confirmed that M.A. was dead, Alyssa and Isaac washed the body in the shower. After wrapping the body in a towel and clothes, they placed it on Alyssa's bed and then in J.V. and E.V.'s room. When the body began to smell, Alyssa put the body in the trunk of her car and used air freshener to mask the odor. J.V. overheard Isaac suggest to Alyssa that they use Isaac's baseball bat to crush M.A.'s skull and knock out his teeth to prevent his identification. Alyssa's and Isaac's first attempt to burn M.A.'s body was unsuccessful. Alyssa blamed Isaac for the failed attempt.

¶ 22 Alyssa disciplined M.A. for soiling himself. M.A. was forced to sleep in a storage room. Previously, J.V.'s dog, Ray, had been kept in that storage room, but Ray died from the cold and starvation. Alyssa also took M.A.'s clothes away because he kept soiling himself, saying that he would have to earn his clothes back.

M.A. would scream and cry, but Alyssa responded telling him to "shut up." Sometimes M.A. would be fed, but other times he would steal food from the refrigerator. Alyssa became angry when she discovered that J.V. had given M.A. food. J.V. saw Alyssa beating E.V. with a shoe. J.V. saw M.A. had a black eye, and M.A. told him Alyssa had struck him.

¶ 23 E.V.

¶ 24 Eight-year-old E.V. described how M.A. was kept in a back storage room; a dog named Ray had been kept there until it froze to death. M.A. slept in a litter box, which contained cat feces. After the litter box was thrown away, M.A. slept on the floor of the storage room. E.V. described M.A. as looking hot, tired, sad and hungry. Alyssa and Isaac were responsible for feeding M.A. While sometimes M.A. did not want to eat, Alyssa and Isaac did not always feed him. M.A. would yell from the storage room that he was hungry. He would steal food or beg food from the neighbors for which he was punished. Alyssa would yell at E.V. if he gave M.A. food. E.V. described M.A. as very skinny, and his face was so thin that it resembled a triangle.

¶ 25 Alyssa often beat M.A. with a coat hanger or a belt. M.A. had lots of scabs on his back, and he had a black eye after Alyssa struck him.

¶ 26 When M.A. died, Alyssa told J.V. and E.V. that Isaac and she were going to burn M.A.'s body. The first time they tried, they were almost caught by police....