People v. Coleman
| Decision Date | 08 November 1990 |
| Docket Number | No. 4-89-0800,4-89-0800 |
| Parties | , 150 Ill.Dec. 883 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Nelson COLEMAN, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
C. Steve Ferguson, Harlan Heller, Ltd., Mattoon, for defendant-appellant.
Nancy Owen, State's Atty., Charleston, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, James Majors, Staff Atty., for plaintiff-appellee.
On August 1, 1989, defendant Nelson Coleman was found guilty by a jury sitting in the circuit court of Coles County of committing the offense of aggravated criminal sexual assault in violation of section 12-14(b)(1) of the Criminal Code of 1961 (Criminal Code). (Ill.Rev.Stat.1989, ch. 38, par. 12-14(b)(1).) Defendant was subsequently found eligible for an extended-term sentence and was sentenced to 35 years' imprisonment with the Illinois Department of Corrections. Defendant now appeals.
Defendant was charged by information on March 29, 1989, with committing the offense of aggravated criminal sexual assault. The information alleged that defendant was in excess of 17 years of age, and that he committed several acts of sexual penetration with C.S., who was under 13 years of age at the time. In fact, C.S., defendant's stepdaughter, was five years old at the time of the offense. The jury trial commenced on July 26, 1989.
The State called Dr. James Monteleone and Nurse Tish LaRock, who are employed by St. Louis University at Cardinal Glennon Hospital for children. Since 1980, Dr. Monteleone has been chairman of the child abuse and neglect team and the sexual abuse management team at the hospital. LaRock has worked on Dr. Monteleone's teams for the last five years. Dr. Monteleone has seen over 6,000 abused children. Within the last year, he has seen 1,300, with 450 of those having been sexually abused. He estimates that over the last four years he has examined over 2,000 sexually abused children. He is board certified in pediatrics and pediatric endocrinology.
On March 1, 1989, C.S. was brought to the hospital, with LaRock taking the case history from Department of Children and Family Services (DCFS) worker Maria Miller. Dr. Monteleone then examined C.S. He explained that his examination showed that she had scarring in the vagina just outside the hymen. She also had some knots on the hymen that can be due to irritation and to abuse.
He then examined her anus. He explained that children who have been sexually abused often have an anus that will gape open, which C.S.'s did in this case. She also had a cupping of some tissue from inside the anus.
Dr. Monteleone and Nurse LaRock explained there are certain behavioral characteristics of children who have been sexually abused. These include (1) abnormal fears, including nightmares; (2) acting out sexually with dolls or other children; (3) precocious sexual knowledge and the ability to relate explicit sexual behavior; (4) excessive masturbation; and (5) regressive behavior, including bed-wetting.
Dr. Monteleone explained there are three aspects to evaluating an allegation of sexual abuse. The first is what the child says. The second is the behavioral indicators. The third is the physical findings. It was his opinion that the injuries to the vagina and anus were caused by sexual abuse. He acknowledged that the knots on the hymen are nonspecific in that they do not require a finding of sexual abuse by themselves, and that the anal findings are consistent with the passage of large stools. However, he did not believe this was very likely. He did clarify that the vaginal scar was pretty specific for sexual abuse. It was his opinion, based on all the factors, that C.S. had been sexually abused. LaRock expressed a similar opinion.
Mary Anna Ludington has been employed as a child and family therapist with the Human Resources Center of Clark and Edgar Counties for 11 years. She has a Master's degree and approximately 119 hours of continuing education credits. She has counseled with approximately 70 sexually abused children since 1980 and became C.S.'s therapist on February 28, 1989, seeing her 16 times since then.
She explained that of the children she has observed who are sexually abused, many had similar characteristics. These are (1) sleep disturbances and nightmares, (2) bed-wetting, (3) regressive behavior, (4) being fearful and clinging to certain people, (5) making sexual comments that a child that age would not usually know, (6) being overly sexualized, (7) tantrums and sudden mood swings, (8) acting out sexually with other children and with their toys, including excessive masturbation, and (9) complaints of pain in the vaginal or anal areas. She explained she found several of these characteristics in C.S. For example, C.S. gave explicit details of sexual acts, including physical sensations and emotional feelings. She was preoccupied in the pictures she drew and in her thoughts with genitals and sex. She acted out sexually with other children and with her toys. Her moods would abruptly swing from one to another. She complained about discomfort in the vaginal and anal area. She had trouble sleeping, and she had nightmares. Ludington explained that in her opinion there was no situation she could think of as an explanation for C.S.'s behavior, other than that she had been sexually abused.
On cross-examination, Ludington acknowledged that sleep problems and clinging to adults can occur due to a foster placement, and that minor mood swings would be expected. However, she did not believe these would occur to the degree she saw in C.S. She observed that C.S. enjoyed seeing other people in trouble and that she would at times provoke fights with the other children. C.S. also expressed that she was continually subject to unfair treatment.
Sally Cox became foster mother to C.S. and her sisters about 10 months prior to this time. She had observed that C.S. was overly affectionate. For example, C.S. goes up to strangers and will climb up in their laps and start giving them kisses. One day, she took a doll and spread its legs out and pretended to have oral sex with it. Another time, during a bath, she put a finger in her sister's vagina. She has also had a problem with bed-wetting. Cox's daughter also testified to the incident where C.S. put her hand on her sister's vagina.
The next witness was the victim, C.S., who was age six at the time of the trial. She stated that at one time she lived with her mother and with defendant in Mattoon. She remembers talking to Maria Miller about defendant. She said she understood the difference between a "good touch" and a "bad touch." She explained a "good touch" is giving a hug.
She then stated that defendant had given her a "bad touch." She stated this happened more than once. At that point, C.S. froze up and would answer no other questions. The court took a recess and attempted to speak with C.S. It appears during the court's questioning and on cross-examination that she would respond to general questions by either shaking or nodding her head. However, the record indicates she would give no response whatsoever concerning the incidents. C.S. was excused as a witness.
Maria Miller has been employed as an investigator for DCFS since January 1986. Since that time, she has conducted over 400 child-abuse and -neglect reports, of which approximately 130 dealt with sexual abuse. DCFS has given her special training in the field of sexual abuse. During these years, she has interviewed 500 to 600 children.
Miller testified that on January 13, 1989, she responded to the Sally Cox residence to investigate a report involving C.S. She was with Illinois State Police investigator Collin McClain. After ascertaining that C.S. knew the difference between right and wrong and the truth and a lie, Miller asked her about any sexual abuse. The court had earlier entered an order prohibiting Miller from identifying the person that C.S. said gave her the bad touch, other than by the generic "he." Miller stated that C.S. told her that he had touched her between her legs with his hand; he had placed his finger in her private part; and, after he placed his finger there, he took it out and put his finger in his mouth. C.S. stated very clearly that when someone touches you there it feels "yucky" and it tastes "yucky." C.S. told Miller that this has happened more than once. C.S. also stated that he wanted her to touch his "thing" with her hand and she did that. When she did that, the "pee" came out and it was peach-colored. C.S. said he also touched her butt with his hand.
Miller then asked C.S. to demonstrate with the anatomically correct dolls. C.S. took the child doll, which she identified as herself, and took the adult male doll, which she identified as the perpetrator. She then took the fingers of the male doll, bending a couple of them back, and put the remaining fingers in the vagina of the child doll. She then took the fingers of the doll and put them in her own mouth and said that is what happened between the two of them. She then placed the adult male doll on top of her and said he touched her with his hand in her butt.
The State's next witness was Dr. Jerry Boyd, a clinical psychologist in private practice. He stated that over the years he has counseled 500 to 800 sexually abused children. He also identified the behavior characteristics of sexually abused children. In response to a hypothetical question including the facts the State had presented, Dr. Boyd stated the behavior of the child would be consistent with a child who had been sexually abused. He found the physical evidence and the knowledge of sexual behavior on the part of the child particularly relevant. He also explained that testifying can be a traumatic experience for a six year old.
On cross-examination, Dr. Boyd...
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