People v. Lintz

• Decision Date: 07 June 1993
• Docket Number: No. 2-91-0960,2-91-0960
• Citation: 615 N.E.2d 366,185 Ill.Dec. 807,245 Ill.App.3d 658
• Parties: , 185 Ill.Dec. 807 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael D. LINTZ, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 366

615 N.E.2d 366

245 Ill.App.3d 658, 185 Ill.Dec. 807

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael D. LINTZ, Defendant-Appellant.

No. 2-91-0960.

Appellate Court of Illinois,

Second District.

June 7, 1993.

G. Joseph Weller, Deputy Defender, Kim M. DeWitt, Office of the State Appellate Defender, Elgin, for Michael D. Lintz.

Michael J. Waller, Lake County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Brian L. Buzard, Mt. Morris, for the People.

Justice COLWELL delivered the opinion of the court:

Defendant, Michael Lintz, pleaded guilty to aggravated criminal sexual abuse (Ill.Rev.Stat.1989, ch. 38, par. 12-16(d) (now 720 ILCS 5/12-16(d) (West 1992)) and was sentenced to six years' imprisonment. Defendant appeals his sentence, contending that the court abused its discretion in sentencing him to one year less than the maximum term when he had no criminal record and there were other mitigating factors. We affirm.

Defendant was indicted on one count of aggravated criminal sexual abuse and three counts of criminal sexual assault based on defendant's conduct with C.G., who was at least 13 but under 18 years old when the conduct occurred and defendant was more than five years older than C.G. (See Ill.Rev.Stat.1989, ch. 38, par. 12-13(a)(4) (now 720 ILCS 5/12-13(a)(4) (West 1992)).) The latter three charges were nol-prossed when defendant pleaded guilty to the sexual abuse charge. The trial court found as a factual basis that defendant placed his hand on the breasts and vagina of C.G., who was 16 years old at the time.

At the sentencing hearing, Investigator Mark Pleasant testified that he interviewed defendant on January 7, 1991, regarding his relationship with C.G. Defendant explained that he met C.G. when she was 14 or 15 years old and a student in the high school district where defendant was a substitute teacher and a bus driver. Defendant also was acquainted with the victim through a summer day camp where she had been employed and defendant was the assistant camp director. Defendant admitted to sexual contact with the victim going back to 1987, which progressed from kissing and hugging to fondling virtually every day during the summer of 1990 in the day camp bus. Defendant also admitted that he had sexual intercourse with the victim on August 13, 1990, and that he wore a condom to her house that day in the event they would engage in intercourse. Defendant was aware that C.G. was a special education student. Defendant informed Pleasant that the victim had sent defendant cards and letters and the relationship was mutual.

Pleasant further testified that defendant admitted that he had sexual contact with another teenage girl in 1972. Cathy was a 16-year-old high school student, and defendant was a teacher in a junior high school.

According to Pleasant, he interviewed defendant again on January 8, 1991. During this interview, Pleasant typed defendant's statement, which defendant then signed. In the statement, defendant stated that he graduated from college in 1971 and became employed at a junior high school in Glendale Heights. Near the end of that school year, he "had [his] first problem, or affair, with a young female student," Cathy. Defendant met her after a band performance. Cathy attended a different school from the one where defendant was employed. About two months after he met Cathy, defendant began kissing her. Defendant kissed her on another occasion. A few weeks later, in Cathy's house, they were kissing and he became sexually aroused. Defendant rubbed her breasts and vagina, and Cathy rubbed his penis. "Something clicked inside [defendant's] head at that point and [he] stopped what was happening because [he] knew it was wrong." After that, defendant did not have any sexual contact with other young girls until he got involved with Lori Hahn (birthdate October 1969) and C.G. (birthdate December 1972).

In addition to the facts related to Investigator Pleasant on January 7, defendant stated that at the beginning of his relationship with C.G., in September 1987, she seemed to trust defendant and confided in him about her personal problems. She gave him hugs, but "it all seemed innocent." Toward the end of the 1987-88 school year, "the hugs turned into small kisses," and defendant became sexually aroused. The kissing occurred in defendant's car while they were at a park. "Things sexually began to happen during the first week of camp." C.G. had been hired as a camp counselor, and defendant was the assistant camp director and the camp bus driver. The incidents occurred in the morning on the bus, before defendant picked up the rest of the counselors. Defendant would park the bus, and he and C.G. "would kiss and pet each other." Sometimes defendant put his finger in C.G.'s vagina, and she would masturbate him. Defendant related one incident in which C.G. performed oral sex on defendant. Defendant stated that he never performed oral sex on C.G., but she performed oral sex on him three times. Defendant explained:

"I believe that I got involved sexually with [C.G.] because things at home, sexually, were nonexistent. I was vulnerable. I believe I was starting to fall in love with her and I have always been a sucker for someone with a problem. [C.G.] had problems at home and was always looking for ways to get attention or some sympathy. I think I fell into that trap with her. I never told [C.G.] not to tell anyone about our relationship but I worried about it coming out. * * * I never threatened [C.G.] or forced her to do anything in any way. She semmed [sic ] to want the sex as much as I did.

Nevertheless, I knew that my sexual relationship with [C.G.] was wrong and illegal. It was just a time where I was out of control and I could not stop it."

Defendant also discussed his relationship with Hahn. Defendant met her in 1987 when she was a senior in high school and she rode defendant's bus. They started having physical contact late in May 1989. The contact started with kissing and progressed into a sexual relationship. They had sexual intercourse several times during the summer and fall of 1989, usually in defendant's car. On two occasions, in September and November 1990, they went to a motel. Hahn had been a special education student, and she had epilepsy which caused some brain damage.

At the end of the statement, defendant stated:

"I feel better now that I have talked about this situation. I have not told my wife the whole truth and I did not tell her anything until last night. I have not confided in anyone else about this but I have thought about talking to a social worker * * *. * * * In summary, I feel disappointed in myself, remorseful, I regret the incidents, and I want to take every possible step to insure that another incident like this never happens again. I feel surprised that [C.G.] told because she seemed to enjoy our relationship."

Pleasant testified that later on January 8 defendant contacted the Lake County Children's Advocacy Center and gave an additional statement relating another incident with C.G. which defendant had forgotten to mention. The following morning, defendant called Pleasant. Pleasant asked defendant if he had ever been arrested. Defendant informed Pleasant that defendant had been arrested at Children's Memorial Hospital for masturbating in the cafeteria. Pleasant then requested that defendant come to the police department to continue the discussion.

Defendant went to the police department and admitted that he had not been entirely truthful with the police. Defendant then admitted that he had sexual contact with six teenage girls, both at the camp and at various locations in Lake County. Defendant also related an incident in 1980 at a store where he had gotten aroused by the sight of a woman's foot and had begun to masturbate. He stopped after he was confronted by another female shopper. A similar incident occurred in 1986 at Northbrook Court Mall. Defendant was in the dining area and became aroused after looking at a woman's foot. Defendant masturbated, and a security guard asked him to leave. Defendant discussed in greater detail the incident at the hospital. According to defendant, in 1983 he was in the cafeteria at the hospital when he became aroused by looking at a woman's foot. Two security guards arrested him after he began masturbating. Defendant went to court, but no one showed up to testify against him, and "nothing came of it."

Defendant also admitted that he had been attracted to several 15- or 16-year-old girls; one in 1979 who "came on to him," one in 1983, whom he fondled, and one in 1989, whom he hugged and kissed. In 1990, defendant "rubbed the buttocks" of a 15-year-old he met at the camp.

Defendant was attracted to females age eight and up, in addition to having a foot fetish. Defendant admitted to Pleasant that in the cafeteria at the high schools there were occasions when he "looked at the feet of female staff and students, had become aroused, and had masturbated." On at least one occasion, defendant peeked into the girl's shower at the camp and became aroused. In the course of his duties as pool director, he gave swimming lessons to young girls and became aroused by their feet.

According to the presentence report, defendant was 42 years old and had a bachelor of arts degree in secondary education. Defendant first was employed as a band director at a junior high school in 1971. Defendant worked at the day camp during the summers from 1969 to 1990. From 1980 through 1990, defendant was a school bus driver and a teacher's aide for a high school district. He was terminated from these positions. Defendant's criminal record consisted of two traffic violations. Defendant was first married in 1972 and divorced in 1981. Defendant had a son from his first marriage, who was 15 years old at the time of the sentencing. Defendant remarried in June 1985, and the second marriage...