People v. Valko

• Decision Date: 06 July 1990
• Docket Number: No. 1-87-2855,1-87-2855
• Citation: 201 Ill.App.3d 462,559 N.E.2d 104
• Parties: , 147 Ill.Dec. 104 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven VALKO, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 104

559 N.E.2d 104

201 Ill.App.3d 462, 147 Ill.Dec. 104

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven VALKO, Defendant-Appellant.

No. 1-87-2855.

Appellate Court of Illinois,

First District, Sixth Division.

July 6, 1990.

Randolph N. Stone, Public Defender of Cook County, Chicago (Scott J. Frankel and James H. Reddy, Assistant Public Defenders, of counsel), for defendant-appellant.

Cecil A. Partee, State's Atty. of Cook County, Chicago (Renee Goldfarb, Joseph Brent, Tyra H. Taylor, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice RAKOWSKI delivered the opinion of the court:

Following a jury trial, defendant Steven Valko was found guilty of three counts of aggravated criminal sexual assault (Ill.Rev.Stat.1987, ch. 38, par. 12-14(b)(1)) and three counts of intimidation (Ill.Rev.Stat.1987, ch. 38, par. 12-6). He was sentenced to concurrent terms of seven years on each count of aggravated criminal sexual assault and four years on each count of intimidation.

On appeal, he contends: (1) reversible error occurred when the complainant's mother testified about details regarding the complaint which her son told her six months after the alleged offense; (2) reversible error occurred when the complainant's mother testified that she believed her son when he told her about the alleged offense; (3) reversible error occurred when the State went beyond the evidence in closing and suggested why C. would not testify; and (4) that the State failed to prove defendant guilty beyond a reasonable doubt. We affirm in part and reverse in part.

The facts are these: Valko was convicted of aggravated criminal sexual assault on M., a nine-year-old boy, for three separate assaults: forcing M. to perform fellatio on him around Thanksgiving, 1984; forcing M. and M.'s ten-year-old uncle C. both to perform fellatio on him on New Year's Eve, 1984-85; and attempting penal-anal penetration on M. during January, 1985. Valko was also sentenced for intimidation based on threatening statements made in connection with these episodes. In addition to the acts for which Valko was convicted, M. testified about episodes involving three-way oral sex between him, Valko, and C.; digital penetration of M. by Valko; and a video-taping by Valko during which he had C. perform anal sex on M.

In the opening statement at trial, the prosecutor said that the boy C. would not testify because "[h]e and his parents have decided they do not want him to relive the events of those days."

M.'s mother, the first witness, testified that she learned of the incidents on July 18, 1985. M. told her that he had been afraid to tell his mother sooner because she lived without a man in the house to protect her from being beaten up.

M. then recounted his story "in bits and pieces." According to M.'s mother, the boy was shaking and crying as he talked. He said that the night after Thanksgiving he had stayed at Valko's house and slept in the same bed with Valko and a boy named D. On that occasion, Valko grabbed M.'s head and forced him to have oral sex. According to M.'s mother, M. stated that he swallowed "the stuff that came out." Over the New Year's Eve holiday M. stayed at Valko's home again and Valko forced M. and C. to have oral sex with each other while Valko watched. On another occasion, M.'s mother testified, M. complained that Valko crawled on top of him and "tried to put his penis in my butt hole." Finally, M.'s mother testified, that her son told her about being forced to have anal sex in front of the video camera and an incident in the basement where Valco wanted M. and C. to have oral sex with him.

During M.'s mother's testimony, the defense objected twice to the narrative form of her answers to State questions. The judge overruled these objections. The defense also objected once when she stated that Valko "grabbed" one of the boys involved by the arm on the grounds that she had not actually witnessed the act. The judge overruled this objection on the grounds that M.'s mother was describing the act reported to her by M. The defense registered a continuing hearsay objection but did not object to the explicit detail used in M.'s mother's testimony.

On cross-examination, the defense asked M.'s mother if her son ever lied to her and she said "yes." On redirect, the State asked her if her son had ever lied about anything as important as the matter before the court. When she said "no," the prosecutor asked her if she believed her son in this matter. She said that she did.

M. testified that on Thanksgiving, 1984, he spent the night at Valko's home. He, Valko, and the boy D. slept in the same bed with Valko in the middle. Other children were asleep elsewhere in the house and Valko's wife was at work. During the night, Valko held M.'s head and forced him to have oral sex until "something splurted [sic] into my mouth. * * * I spit it on the sheets." M. also stated that he heard D. snoring while the sex act occurred.

The next incident described by M. occurred on New Year's Eve, 1984-85. M. and C. went down to Valko's basement to get party things. Valko came to the basement and told both boys to kneel on the couch. Valko had the boys take turns performing fellatio on him. Valko did not ejaculate, and when the boys got tired and quit after a few minutes, Valko yelled at them. Then all three went upstairs. That night Valko slept with C. and M. but did not demand further sex acts.

M. further testified that a third incident occurred sometime within the next month or so. Valko, C. and M. were in the attic and C. started to talk about triangles. Valko suggested that they form a human triangle on the bed, take off their underwear, and perform oral sex on each other. During this act, Valko asked the boys to switch places. When it was over, he told M. that "something would happen" to him and his mother if the boy told anyone about the sex acts.

M. reported a fourth episode after he and C. had taken a shower. Valko suggested that they make a movie with his video camera. He had C. perform anal sex on M. Valko told both boys to smile even though M. claimed the act hurt. According to M., Valko also asked him to perform anal sex on C. but he did not.

During the same month, M. and Valko were alone in the attic when Valko reached over to M. and "stuck his finger down my pants and in my butt." Later that night C. and M. were trying to sleep in the attic. M. testified that "I do not know exactly what Steve was trying to do, but I think he was trying to stick his penis in my butt." M. was wearing clothes at the time. He did not remember if Valko was wearing clothes. The prosecutor asked "can you describe what he did?" and M. replied "no."

M. also testified, once again, that Valko told him "something would happen" to him and his mother if he told anyone about the sex acts. M. stated that he was told this "a couple" of times.

M. described all acts except the last one in detail, gave detailed descriptions of the surroundings, and maintained the same details through cross-examination. He also demonstrated the first three acts using anatomically correct dolls.

M.'s grandmother testified for the State and during her testimony was declared a hostile witness. She is the mother of both C. and M.'s mother. Her husband, C.W., is the father of C. and the uncle of Steve Valko. According to her testimony, she received a phone call from her daughter in July, 1985, reporting that M. had been molested by Valko. Then M.'s grandmother and her husband spoke to Valko on the phone. M.'s grandmother reported that she accused Valko of having sex with M.. She testified that Valko said "Let me talk. I'm sorry." Then, "I'm sorry. Let me talk. Let me explain. Can I explain?" M.'s grandmother stated that she did not let Valko talk because she saw no reason to let Valko explain anything.

M.'s grandmother testified further that the defendant never admitted his guilt to her, although he did ask for M.'s mother's phone number so he could call and talk to her. M.'s grandmother also stated, however, that she told her daughter and Police Detective Raymond Krull that Valko had admitted guilt. Furthermore, she told Assistant State's Attorney Kathy Quattrocchi that M. and C. were "telling the truth about what happened."

M.'s mother was recalled as an impeachment witness. She testified that her mother had told her that Valko admitted the assaults and promised to make it up to her and her son.

C.W. (who is the husband of M.'s grandmother, the father of C., and uncle of Valko) testified as a hostile witness for the State. He described a brief conversation with Valko after M.'s mother called to tell about the alleged child molesting. C.W. testified that he called Valko and asked, "Steve, what's this bull I hear with you, [C.], and [M.]?" According to C.W., Valko said, "Well, I'm sorry for anything I have done." Then C.W. handed the phone to his wife.

Later, he started to testify that he had let his son decide whether to come to court or not. The judge sustained objections to a line of questions about why C. did not appear in court.

Police Detective Raymond Krull testified that he talked to C.W. about the conversation between C.W. and Valko. Krull stated that C.W. told him he had asked Valko directly about having sex with M. and C., and Valko had admitted this.

Valko's wife and others corroborated some of the details of M.'s testimony including the physical descriptions of places where the acts allegedly occurred and the fact that the various children involved had stayed with Valko during the times in question. The boy D. testified that he slept with Valko and M. after Thanksgiving, but he was not aware of any sex acts performed during the night.

Defendant Valko testified on his own behalf. He denied performing any sexual acts with C. or M.. He claimed that he had caught M. performing fellatio upon C., but he did not report this to either boy's parents.

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