People v. Decaluwe

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
No. 1-08-1126
Decision Date: 
Tuesday, October 19, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 2nd Div.
Holding: 
Reversed in part and reversed and remanded in part.
Justice: 
CUNNINGHAM
Defendant was convicted, after jury trial, of armed violence, attempted aggravated criminal sexual assault and aggravated kidnapping. Defendant had offered to pay 14-year-old boy $100 to help him move boxes, but then attempted to detain him at his home; Defendant brandished a gun and threatened to kill him, but boy escaped. Officer testified that Defendant told him (though it did not appear in his confession) that he wanted to have sex with the boy, but was able to stop himself. Indictment and evidence were insufficient to prove attempted aggravated criminal sexual assault. Highly prejudicial impact by introduction of nude photos of Defendant taken five years prior, as they were of questionable relevance. (THEIS and KARNEZIS, concurring.)