People v. Lewis

• Citation: 2022 IL 126705
• Decision Date: 24 June 2022
• Docket Number: 126705
• Parties: THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SHANE LEWIS, Appellee.
• Court: Supreme Court of Illinois

2022 IL 126705

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant,
v.
SHANE LEWIS, Appellee.

No. 126705

Supreme Court of Illinois

June 24, 2022

Chief Justice Anne M. Burke and Justices Garman and Overstreet concurred in the judgment and opinion.

OPINION

NEVILLE, JUSTICE

¶ 1 Defendant Shane Lewis was charged with involuntary sexual servitude of a minor (720 ILCS 5/10-9(c)(2) (West 2014)), traveling to meet a minor (id. § 11-26(a)), and grooming (id. § 11-25(a)). At trial, defendant asserted the defense of

1

entrapment. A jury found defendant guilty of the offenses, and the circuit court of Kane County sentenced him to six years' imprisonment. On appeal, defendant argued that defense counsel was ineffective in presenting his entrapment defense where he failed to (1) object to the circuit court's responses to two jury notes regarding the legal definition of "predisposed," (2) object to the prosecutor's closing argument mischaracterizing the entrapment defense and the parties' relevant burdens of proof, and (3) present defendant's lack of a criminal record to the jury. The appellate court agreed and reversed defendant's conviction, holding that defense counsel's cumulative errors rendered the proceeding unreliable under Strickland v. Washington, 466 U.S. 668 (1984). 2020 IL App (2d) 170900, ¶ 59. The court remanded for a new trial, finding that the evidence was sufficient to retry defendant, for purposes of double jeopardy. Id. ¶ 60. For the following reasons, we affirm the judgment of the appellate court.

¶ 2 I. BACKGROUND

¶ 3 Defendant was charged by indictment with involuntary sexual servitude of a minor under section 10-9(c)(2) of the Criminal Code of 2012 (Code). 720 ILCS 5/10-9(c)(2) (West 2014). He was also charged with the felony offense of traveling to meet a minor under section 11-26(a) of the Code (id. § 11-26(a)) and grooming under section 11-25(a) of the Code (id. § 11-25(a)). The case proceeded to a jury trial on July 31, 2017.

¶ 4 A. Jury Trial

¶ 5 The trial commenced, during which the following evidence was presented to the jury. Geoffrey Howard, a special agent with the United States Department of Homeland Security (DHS), testified that he coordinated a sting operation with the Aurora Police Department and that the goal of the undercover operation was to arrest multiple people on the demand side of human trafficking. The operation involved posting an advertisement for an escort on Backpage.com. He described Backpage.com (Backpage) as a website that had advertisements for various goods and services and had an adult services section. The phone number in the ad did not link to an actual phone but rather went into a software system that allowed multiple officers to read and respond to text messages. The program created a record of all

2

the messages. According to Howard, as a matter of protocol, the officers were to stop talking or texting with a suspect if the suspect wanted to have sex with an adult. Before posting the ad, agents reserved adjoining rooms at a hotel in Aurora, and in the "target room" an undercover agent posed as a mother who was offering her 14-and 15-year-old daughters for sex. Two surveillance cameras were set up, one in the hallway and the other in the "target room."

¶ 6 Investigator Erik Swastek of the Aurora Police Department testified that he composed and posted the advertisement on January 8, 2015. He explained that to post a Backpage ad a person had to be 18 or older. The sting operation's ad indicated that the escort was 18 years old. Swastek testified that the officers were instructed to respond that they were the mother of two minor girls, both available for sex in exchange for money.

¶ 7 The advertisement was titled "young warm and ready:)." The body of the ad read:

"Its ssooooooo cold outside, come warm up with a hot little co ed. Im young, eager to please and more than willing to meet all your desires. come keep me warm and I promise to return the favor:O:):) ask about my two for one special

text me at 630-five 2 four-four 8 four 8.

100 donation for hh

150 donation full hour

Poster's age: 18"^[1]

The ad included a photo of an adult female appearing in cut-off jeans and a midriff-baring top with her face cropped off. See Appendix I.

¶ 8 Agent Spencer Taub of DHS testified that he was the assigned texter who responded to defendant's texts beginning at 10:02 p.m. He pretended to be the

3

mother offering her underage daughters for sexual services. The following text message conversation^[2] occurred:

"[DEFENDANT]: Hey looking to get warm

[TAUB]: hey-my girls could use some warming up 2;)

[DEFENDANT]: What's up with 2 girl. I only see pic of one?

[TAUB]: no can't post pix of my daughters, 2 risky

[DEFENDANT]: HaHa. Well what's the 2 girl special? And do u serve downers grove

[TAUB]: no we r in aurora. infall only

[DEFENDANT]: Well it's not to far from me but to come out in this weather I would have to know what they look like. U don't have to post a pic. U can text some

[TAUB]: 200 for 2 grls

[DEFENDANT]: That's fine but I need to know what they look like

[TAUB]: the 14 yrs is blond and 15 yrs is brunet-both r in sports

[DEFENDANT]: wtf?? Not interested in minors. You crazy?

[DEFENDANT]: I'm 32

[DEFENDANT]: 18 is good but nothing under that too risky!!

[TAUB]: as long as u r gentle and treat my girls good

[TAUB]: I'm here to protect my grls

[DEFENDANT]: Are you a female?

4

[DEFENDANT]: Are u affiliated with the law or something?

[TAUB]: yes

[DEFENDANT]: Yes your with the law

[TAUB]: ummm.. no.. r u?

[DEFENDANT]: No.

[DEFENDANT]: Are u affiliated with the law. I want to make this question clear. Please answer in your next text

[DEFENDANT]: I am not!!

[DEFENDANT]: What if I just see u. Since your above 18

[TAUB]: no-wat r u talking about? r u a cop? Ur txt sounds like u r

[DEFENDANT]: No im not! But why wud u advertise their age when u know that's illegal under 18.

[TAUB]: I said yes to being a female-u txt way 2 fast

[DEFENDANT]: Haha sorry for fast text.

[TAUB]: because I don't want fricken cops at my f*** door

[DEFENDANT]: I think naturally they are old enough but the law says they are not.

[TAUB]: i do 2-my girls want 2 do this

[DEFENDANT]: Send me a pic

[TAUB]: i won't put them into sum thing they don't wann do

[DEFENDANT]: Ok where u at

[TAUB]: haha my txts are cumin in so f*** up

[TAUB]: im in aurora

5

[DEFENDANT]: Where you at. I'll come only if your there watching

[DEFENDANT]: I know aurora. Where at?

[TAUB]: yea-i'll watch-u b 2 ruf on my girls i'll kick ur a***.

[TAUB]: which one u want? 14 yr or 15, or both? Both is 200?

[DEFENDANT]: What about u how much for u

[TAUB]: not a ? both is 200

[DEFENDANT]: How much for all 3 of u

[TAUB]: I'm not in hun

[DEFENDANT]: U sure this is safe?

[DEFENDANT]: Ok tell me where to come

[TAUB]: what u want?

[DEFENDANT]: Both

[TAUB]: k 14 yr old is shy- so b gentl. No anal, must wear condom

[DEFENDANT]: No anal for sure and condom yes

[DEFENDANT]: If she doesn't want to she doesn't have to

[TAUB]: ok 88 and orchard

[DEFENDANT]: Hotel?

[TAUB]: i appreciate that. so just sex? if something else let me tell her

[TAUB]: yes hotel

[DEFENDANT]: On my way[.]''

The next text exchange began at 11:02 p.m. "

[DEFENDANT]: Ok I'm at exit.

6

[TAUB]: ok-we r at holiday inn txt when u r in lot.

[DEFENDANT]: K in lot.

[TAUB]: k room 311

[DEFENDANT]: K[.]"

This text occurred at 11:16 p.m.

¶ 9 In the video footage captured by the hallway surveillance camera, defendant exited the elevator. He then walked up and down the hallway for several minutes before knocking on the door of the "target room" at about 11:20 p.m.

¶ 10 Agent Melissa Siffermann of DHS was the undercover agent waiting in the "target room" to meet defendant. She posed as the mother of the two minor girls. When defendant arrived and knocked on the door, she invited him in. The audiovisual recording of their encounter was played for the jury, and a full transcript of their conversation was admitted into evidence. See Appendix II.

¶ 11 Siffermann testified that defendant was well dressed and very polite but seemed nervous. She indicated that defendant was hesitant and expressed his concern that this was some type of a "setup." She told defendant that she "likes to meet the guys first just to make sure that they're not *** crazy." In addition, she told defendant he "look[ed] like a nice guy" and "seem[ed] like a good guy." Siffermann also told defendant that, as their mother, she was "ok" with this, that she would "tell them it's fine," and that "they had a little bit of experience but obviously they're not like, they're not pros." Siffermann testified that defendant stated that, "once a girl has her period, she's ready for that kind of thing." According to Siffermann, defendant used the term "schizzed." The term means a person climaxes so intensely as to defecate on oneself. Defendant also described that the type of sex he would have with the girls as "porno sex."

¶ 12 Eventually, defendant put $200 on a nightstand. At that point, around 11:25 p.m., Siffermann proceeded to the bathroom. Seconds later, an arrest team entered and handcuffed defendant. He stated: "I told her I didn't want anything to do with younger, young, young, that's what I told her."

7

¶ 13 When defendant was searched following his arrest, agents recovered his cell phone, a box of condoms, and $400. Agents also found an iPad in defendant's car. Defendant was then transported to the police station, where he was interviewed by Aurora police officer Greg Christoffel. Defendant waived his Miranda rights...