People v. Cole

Illinois Appellate Court
Criminal Court
Child Abduction by a Noncustodial Parent
Citation
Case Number: 
2017 IL App (2d) 160334
Decision Date: 
Thursday, June 29, 2017
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed.
Justice: 
Schostok

Defendant was found guilty of child abduction by a noncustodial parent. On appeal, Defendant argued that State failed to present sufficient evidence that he took the child without the mother’s consent. Evidence was insufficient to sustain the conviction. Defendant picked his son up from his mother at 3:30 a.m. to take him to breakfast. While the child’s mother testified that she had given Defendant permission to take the child to breakfast, she testified that she had just simply not anticipated him that early. Additionally, she denied saying anything to Defendant when he was leaving with the child nor making any attempt to contact Defendant after he left. Instead, she called the police. No rational fact finder would believe that a mother who was objecting to a child’s removal would remain completely silent under these circumstances. Thus, the evidence showed that the mother consented to the taking, and Defendant was not guilty of child abduction by a noncustodial parent.