People v. Ressa
| Decision Date | 29 March 2019 |
| Docket Number | No. 2-17-0439,2-17-0439 |
| Citation | 2019 IL App (2d) 170439,429 Ill.Dec. 781,125 N.E.3d 487 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Guiseppe RESSA, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Alison H. Motta, of Motta & Motta LLC, of Aurora, and Kevin E. Bry, of Oak Park, for appellant.
Robert B. Berlin, State’s Attorney, of Wheaton (Lisa Anne Hoffman and Mary A. Fleming, Assistant State’s Attorneys, of counsel), for the People.
¶ 1 Defendant, Guiseppe Ressa, was charged with multiple counts of child abduction ( 720 ILCS 5/10-5(b)(10) (West 2014) ), aggravated criminal sexual abuse (id. § 11-1.60(c)(1)(i) ), and aggravated kidnapping (id. § 10-2(a)(2) ), stemming from his interactions with two sets of siblings, the first at an apartment complex in Lisle on May 27, 2015, and the second at an apartment complex in Addison on June 1, 2015. Following a bench trial, defendant was found guilty on two counts of aggravated criminal sexual abuse for physical contact with two of the children during the two incidents. Defendant was also convicted on five counts of child abduction, for luring or attempting to lure all of the children into vestibules within their apartment complexes for an unlawful purpose. Defendant, who has been diagnosed with "delusional disorder, grandiose type (with religious content), continuous," was sentenced to an aggregate term of 20 years' imprisonment.
¶ 2 On appeal, defendant contends that (1) his trial counsel was ineffective for failing to pursue an insanity defense, (2) the trial court abused its discretion in admitting into evidence numerous of defendant's writings and other materials, (3) the evidence was insufficient to support the convictions of aggravated criminal sexual abuse and one of the convictions of child abduction, and (4) the trial court abused its discretion in sentencing him to an aggregate term of 20 years' imprisonment. We affirm.
¶ 5 On June 30, 2015, defendant was charged by indictment with aggravated kidnapping of Jazlene (born April 3, 2008) (count I), aggravated kidnapping of Adrien (born November 2, 2011) (count II), aggravated criminal sexual abuse of Jazlene (count III), child abduction of Jazlene (count IV), child abduction of Adrien (count V), child abduction of Jackilynne (born February 25, 2009) (count VI), aggravated kidnapping of Jackie (born August 31, 2007) (count VII), attempted aggravated kidnapping of Jackie (count VIII), aggravated kidnapping of Johnny (born July 2, 2009) (count IX), aggravated criminal sexual abuse of Jackie (count X), child abduction of Jackie (count XI), and child abduction of Johnny (count XII).
¶ 7 On May 27, 2015, then-seven-year-old Jackie and her younger brother, Johnny, were at the playground of their apartment complex in Lisle. They were joined later by their neighbors, then-seven-year-old Gael and his three-year-old sister, Sophia. Defendant approached and started interacting with these children, talking to them, proposing games, and offering candy and cookies.
¶ 8 Defendant tried to lure Johnny with a toy. Johnny started to go with him until Jackie intervened. Defendant then tempted Jackie, offering her a cookie to lure her into the building, but she resisted. Jackie testified that defendant carried her, bumping her head, and then placed her on the slide at the playground and sat next to her. She attempted to get off the slide, but defendant would not let her go. Defendant pushed her down every time she tried to get up until eventually Jackie and Johnny went home for dinner.
¶ 9 Gael testified that he was playing hide and seek with Jackie when he saw a stranger grab her hand and pull her inside the building. Gael did not know how she managed to escape. Later, Gael saw the stranger push her onto the slide. The stranger was on top of Jackie. After Jackie and Johnny went home, Gael continued to play at the park with Sophia. When Gael and Sophia's dad, Jose, arrived, the stranger left and headed to his car.
¶ 10 Jose testified that he saw defendant at the park with his children and got a look at defendant's car as defendant left. He searched for defendant but did not find him, so he went to the police.
¶ 11 On June 1, 2015, unaware that the police were watching him, defendant went to an apartment complex in Addison and encountered Jazlene, Jackilynne, and Adrien. Defendant gave them candy and offered more but told them that to get more they had to follow him. Jackilynne refused, but Jazlene and Adrien followed defendant into a building vestibule, where they were alone. Defendant was out of candy, so he offered Jazlene $ 5. Then defendant crouched down and started touching her. He was rubbing her leg and talking to her when the police arrived. Without speaking, defendant stood up and started to leave the building, but the police asked him what he was doing.
¶ 12 Jackilynne testified that defendant came to the entryway to her apartment building and asked if she wanted some candy. Defendant gave her sour gummy candy. After that, defendant touched her. Defendant asked Jackilynne her name and where she lived. Defendant told her that if she wanted more candy she could go to his car. Jackilynne did not go. Defendant then went to his car to get a white hat. Jackilynne stated that she forgot to tell anyone that defendant tried to get her to go to his car.
¶ 13 A court order allowed a tracking device to be placed on defendant's car, and Detective Kevin Licko of the Lisle Police Department conducted surveillance of defendant. While school buses were dropping children off in the Aspen Ridge Apartment Complex, Licko observed defendant drive by slowly, looking in the direction of the children. Defendant then drove to the Carrollwood Apartment Complex and then to another apartment complex. Licko observed defendant approach three children and appear to give them something. Licko called other detectives when defendant was out of his line of sight.
¶ 14 Detectives Loudon and Eccart of the Lisle Police Department responded to Licko's call. They proceeded on foot and saw defendant with three children. Defendant gave the children something from a yellow bag. Defendant then went to his car and retrieved a white hat. Defendant returned to the children and walked into a building with two of them. Loudon and Eccart followed and saw that defendant was crouched down by a little girl. As soon as Loudon and Eccart found defendant and the children, defendant walked away. Loudon and Eccart followed, with their badges hanging around their necks. They asked defendant if he would talk to them. He agreed and told them that he lived in the apartment complex but then stated that he did not live there. Defendant claimed that he was shopping for apartments but then said that he was there to visit his friend Tommy. When the officers asked defendant to call Tommy, defendant said that he was not doing anything wrong. Loudon offered to call Tommy, but defendant could not remember his number. Loudon asked defendant if he could check his pockets. Defendant agreed and Loudon found an empty Sour Patch candy bag and $ 5.
¶ 15 Eccart testified regarding searches of defendant's vehicle and residence. He authenticated many of the exhibits, including pictures, books, and defendant's writings, found during the searches. The State also introduced note cards, loose papers, and receipts.
¶ 16 Officer Dean Anders of the Lisle Police Department testified regarding the search of defendant's cell phone. Defendant's browsing history showed news stories about murders and sexual assaults of children. Anders also found research of stories about the May 27, 2015, incident, which were published before defendant was charged.
¶ 17 The trial court found defendant not guilty of counts I, II, VII, VIII, and IX. The trial court found defendant guilty of counts III, IV, V, VI, X, XI, and XII, which included two counts of aggravated criminal sexual abuse and five counts of child abduction. Defendant filed a motion to reconsider or, in the alternative, for a new trial, which was denied. The court sentenced defendant to an aggregate term of 20 years' imprisonment. Defendant timely appeals.
¶ 20 Defendant first claims that his trial counsel was ineffective for failing to pursue an insanity defense. The State responds that defendant's claim must fail because the record does not show what defense counsel did or did not do to investigate an insanity defense. We agree.
¶ 21 To prevail on an ineffectiveness claim, a defendant must first establish that "counsel's representation fell below an objective standard of reasonableness." Strickland v. Washington , 466 U.S. 668, 688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The defendant must then show that counsel's deficient performance resulted in prejudice to the defendant such that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Id.
¶ 22 In Illinois, a person is not criminally responsible for conduct if, at the time of the conduct, he suffered from a mental disease or defect such that he lacked substantial capacity to appreciate the criminality of his conduct. 720 ILCS 5/6-2(a) (West 2014). When a defendant raises the affirmative defense of insanity, he bears the burden of proving by clear and convincing evidence that he is not guilty by reason of insanity, while the State retains the burden of proving the defendant guilty beyond a reasonable doubt. Id. § 6-2(e).
¶ 23 The State filed a motion for a psychological evaluation of defendant in anticipation of a possible insanity defense, pursuant to section 115-6 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-6 (West 2014) ). Section 115-6 provides for a court-ordered evaluation on the State's motion "if the facts and...
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