People v. Pope

Illinois Appellate Court
Criminal Court
Sexual Assault
Citation
Case Number: 
2020 IL App (4th) 180773
Decision Date: 
Friday, May 22, 2020
District: 
4th Dist.
Division/County: 
Pike Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of numerous sex offenses against 3 children, ages 11, 12, and 14. Victims testified by videoconferencing from chambers outside presence of Defendant and the jury. Court did not abuse its discretion by allowing children to testify by use of videoconference, and did not err by allowing support persons to be present with children while they testified. Judge's comments expressing hope to finish trial did not interefere with jury's deliberations or coerce a guilty verdict, as comments were so far removed from deliberations that there is no evidence that jury remembered the commensts. No ineffective assistance of counsel by counsel failing to "persuade" Defendant not to testify at trial. Court did not err in its application of the rape shield statute in refusing to allow evidence that all victims were previous victims of sexual assault by a parental figure. (KNECHT and TURNER, concurring.)