People v. Ressa
People v. Ressa
Opinion
*784 ¶ 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 *785 *491 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.
¶ 3 I. BACKGROUND
¶ 4 A. Charges
¶ 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).
¶ 6 B. Trial
¶ 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 *786 *492 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.
¶ 18 II. ANALYSIS
¶ 19 A. Ineffective Assistance of Counsel
¶ 20 Defendant first claims that his trial counsel was ineffective for failing to pursue an insanity defense. The State responds *493 *787 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
,
¶ 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.
¶ 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 circumstances of the case justify a reasonable belief" that,
inter alia
, a defendant might rely on an insanity defense.
¶ 24 There certainly appears to be evidence in the record of defendant's mental illness. Defendant cites a myriad of examples, such as defendant's statement comparing himself to Jesus and other "disturbing and frankly sick statements." However, bizarre behavior or delusional statements do not compel an insanity finding, as a defendant can suffer mental illness without being legally insane. See,
e.g.
,
People v. Gilmore
,
¶ 25 Defendant cites
People v. Murphy
,
¶ 26 Defendant's reliance on
Wilson v. Gaetz
,
¶ 27 In sum, the record does not support a claim of ineffective assistance of counsel. The record fails to show whether defense counsel investigated and, if so, what he actually discovered. As stated, there unquestionably is evidence in the record of defendant's mental illness, but the only expert opinion is from Dr. Murray, who found that defendant was not legally insane. We observe, in passing, that if defendant has supporting evidence or can develop it, a collateral proceeding offers the appropriate forum for such a claim. See
People v. Clark
,
¶ 28 B. Admission of Evidence
¶ 29 Defendant next contends that the trial court abused its discretion by admitting certain evidence, including defendant's delusional and fantastical writings, online searches relating to well-known cases involving children who had been murdered and sexually molested, and other items relating to children. Defendant believes that this evidence was not relevant or, to the extent that it was relevant, was more prejudicial than probative.
¶ 30 Illinois Rule of Evidence 404(b) (eff. Jan. 1, 2011) provides that, with certain specified exceptions, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. Such evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
People v. Pikes
,
*789
*495
Id.
at 102,
¶ 31 In a bench trial, such as this, a trial judge is presumed to know the law and to follow it, and this presumption is rebutted only when the record affirmatively shows otherwise.
People v. Yancy
,
¶ 32 Defendant filed a motion in limine requesting that all evidence of writings and materials taken from his home be barred. He argued that this evidence was not relevant or that its prejudicial effect substantially outweighed its probative value.
¶ 33 The State responded that the evidence at issue established defendant's intent to commit the crimes for which he was indicted. The State further noted that it reduced the number of documents it sought to introduce, to avoid the concerns raised in
People v. Gregory
,
¶ 34 The State continued that, to the extent that the evidence referenced actual physical contact with children, it was more like the other-crimes evidence dealt with by the supreme court in
People v. Wilson
,
¶ 35 Defendant was charged with aggravated criminal sexual abuse and child abduction, and the State was obligated to prove defendant's intent. In particular, for the sexual-abuse charges, the State had to prove that defendant touched the minors for the purpose of his sexual gratification. See
People v. Balle
,
¶ 36 The State relies on Fretch , which we agree supports the trial court's ruling. In that case, the defendant argued that his prior demonstrations of sexual interest in a particular class of victim, female minors, were not probative as to whether he intended to expose his penis to the victim, a female minor. We stated:
"[E]vidence of defendant's general interest in female minors was proper as well. Defendant misunderstands the parameters on other-acts evidence. Certainly, the law does not permit the inference that because the defendant has committed some bad act or crime, he must have committed the charged offense. Just the same, the law does not shield a defendant from proof of his particular tendencies or patterns of conduct, as they might bear logically on whether he acted in conformity with them in committing the charged offense. 'The case law fully establishes that the State may adduce evidence of the defendant's proclivities or past conduct in order to prove intent or knowledge in the case sub judice .' People v. Gumila ,2012 IL App (2d) 110761 , ¶ 54,367 Ill.Dec. 182 ,981 N.E.2d 507 (the internal records in the defendant's computer showing prior visits to websites with child pornography were admissible as other-acts evidence to show that the defendant knowingly and voluntarily possessed images of child pornography found on his computer's hard drive). More specific to the present case, a defendant's prior conduct toward 'the victim or person in the same class of the victim' is admissible to show intent. * * * People v. Illgen ,145 Ill. 2d 353 , 367,164 Ill.Dec. 599 ,583 N.E.2d 515 (1991)." (Emphases omitted.) Fretch ,2017 IL App (2d) 151107 , ¶ 76,412 Ill.Dec. 349 ,75 N.E.3d 329 .
¶ 37 Similarly, here, defendant's materials referencing fantasies involving children were relevant to show defendant's intent to commit the crimes with which he was charged.
¶ 38 Defendant argues that some of his writings were remote in time, dating back to 2010. While this might have affected the weight to be given the older writings, the import is that his writings were continuous from 2010 to around the time of defendant's arrest. Because this was a bench trial, we presume that the trial court gave the evidence the appropriate weight.
People v. Paige
,
¶ 39 We note that defendant argues that an "expert witness or even educated defense counsel, should have put into context the prejudicial evidence if it was to be admitted, including explaining defendant's religious beliefs and delusions, and that his
*791
*497
comments and interests were in the hereafter as opposed to in this life." Defendant's ineffective-assistance argument related to this issue is undeveloped and therefore is forfeited under Illinois Supreme Court Rule 341(h)(7) (eff. May 25, 2018).
People v. Young
,
¶ 40 C. Sufficiency of the Evidence
¶ 41 Defendant next argues that the evidence was insufficient to support both convictions of aggravated criminal sexual abuse and the conviction on count VI for child abduction.
¶ 42 When presented with a challenge to the sufficiency of the evidence, it is not the function of this court to retry the defendant.
People v. Howard
,
¶ 43 A person commits aggravated criminal sexual abuse when the person is 17 years of age or over and commits an act of sexual conduct with a victim who is under 13 years of age. 720 ILCS 5/11-1.60(c)(1)(i) (West 2014). "Sexual conduct" is defined as:
"any knowing touching or fondling by the victim or the accused either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused."Id. § 11-0.1.
¶ 44 As to the charges of aggravated criminal sexual abuse, defendant argues that the State failed to prove that his touching of Jazlene and Jackie was for the purpose of his sexual gratification. The facts show that defendant picked up Jackie and carried her to the slide, placed her on the bottom portion of the slide, and got on the slide with her, either on top of her or next to her. Gael testified that defendant climbed on top of Jackie and pushed her down every time she tried to get up to get away from him. Defendant showed Jazlene $ 5 and asked if she wanted it and then began rubbing her upper leg.
¶ 45 Defendant claims that more than touching a child's leg is necessary to prove aggravated criminal sexual abuse beyond a reasonable doubt. He cites
People v. Kitch
,
¶ 46 A person commits child abduction when he intentionally lures or attempts to lure a child under the age of 17 into a building or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose.
¶ 47 As to count VI, defendant claims that Jackilynne's testimony about his attempt to lure her into his car with candy was unreliable. Although defendant impeached her testimony with the fact that she had not disclosed this previously, the evidence of defendant's attempts to lure the other children with candy and money corroborated it. Additionally, Loudon testified that he found an empty bag of Sour Patch candy in defendant's pocket. It was rational for the trial judge to believe Jackilynne, and we will not reverse under the Collins standard.
¶ 48 D. Sentence
¶ 49 Defendant last argues that the trial court abused its discretion in sentencing him to an aggregate term of 20 year's imprisonment. Defendant argues that, although his physical contact was alarming and clearly wrong, the sentence was disproportionate as compared to other aggravated-criminal-sexual-abuse cases. In support of this claim, defendant notes that he had a nonfelony criminal record with a remote disorderly conduct charge for which he was sentenced to supervision and that the State recommended an aggregate term of only 15 years' imprisonment.
¶ 50 It is well settled that the trial court is afforded broad discretion in imposing a sentence and that its decision will not be disturbed upon review absent an abuse of discretion.
People v. Stacey
,
¶ 51 Although the trial court is afforded broad discretion in sentencing, such discretion is not unlimited.
Stacey
,
¶ 52 Sentences are presumed to be proper.
People v. Boclair
,
¶ 53 Further, if mitigating evidence is presented at the sentencing hearing, a reviewing court presumes that the trial court considered it, absent some contrary evidence.
People v. Shaw
,
¶ 54 Applying these principles to the instant case, we cannot say that the trial court's aggregate term of 20 years was an abuse of discretion. Defendant was convicted of two counts of aggravated criminal sexual abuse and five counts of child abduction. Under section 5-8-4 of the Unified Code of Corrections ( 730 ILCS 5/5-8-4 (West 2014) ), consecutive sentencing is permissive if, having considered the nature and circumstances of the offense and the history and character of the defendant, the court believes that consecutive sentences are necessary to protect the public from further criminal conduct by the defendant. Here, after considering all of the evidence, the arguments of counsel, the applicable case and statutory law, and the factors in mitigation and aggravation, the trial court found that imprisonment was necessary for the protection of the public; that probation or conditional discharge would deprecate the seriousness of defendant's conduct and be inconsistent with the ends of justice; and that consecutive terms of imprisonment were necessary to protect the public from further criminal conduct by defendant. The court stated:
"In so finding, the Court has considered that the acts of the Defendant were planned. The Defendant has a long history of deviant thoughts and behavior including plans for future offenses. The defendant knew (the) actions in which he was engaging were unacceptable. As an example brought out by the State, he even told one minor via a text not to tell anyone about his communications because he would get in trouble. Defendant's behavior is not an aberration from otherwise appropriate behavior, but it's a continuing course of conduct. The Defendant's choice of reading material included 'The Guide to Pedophilia' and 'The Pedophile's Guide to Love and Pleasure.'
I've considered Dr. Murray's report including his opinion that the Defendant presents a significant risk of violence *794 *500 and sexual offending against children. I've considered Dr. Kane's sex offender evaluation including her opinion that the Defendant has pedophilic disorder, delusional disorder, and antisocial traits. The Defendant's Static-99R test indicated that the Defendant has a high risk for reoffending. Dr. Kane further found that treatment for [defendant] would be extremely difficult given his intense sexual preoccupation with children. [Defendant's] fantasies and urges involving children are too intense for him to manage even if he were to have a strong commitment to treatment."
¶ 55 We observe that, at the sentencing hearing, Dr. Murray testified that defendant's self-control was diminishing significantly and Dr. Kane opined that defendant posed a risk of sexual violence toward children. In her report, Dr. Kane noted that defendant's preoccupation with Samantha Runnion added to the concern over his level of risk to the community.
¶ 56 In denying defendant's motion to reconsider the sentence, the court further explained:
"But then what it came down to at the end was the offense and frankly the protection of the public where I have experts telling me that [defendant] has certain impulses involving offending against children and those impulses are such that treatment would be unlikely to have any sort of regulating effect on his ability to control these sort of acts. That's something I have to take into consideration. And despite the legal arguments and arguments of counsel which again were successful on an objective analysis level, it is difficult to overcome the subjective concerns that I have concerning the protection of the public. And I felt that was an overwhelming concern. I continue to feel that and therefore I'm denying your motion to reconsider the sentence."
¶ 57 Defendant cites
Stacey
for the proposition that his aggregate sentence is disproportionate to the nature of the offense. In
Stacey
, the defendant received consecutive 25-year prison terms for criminal sexual abuse and aggravated criminal sexual abuse where he "momentarily" grabbed the breasts of two young girls who were fully dressed and he made lewd comments and gestures.
Stacey
,
¶ 58 The psychological reports and defendant's writings regarding his preoccupation with sexual activity with children presented defendant as a continuing, significant danger to the public and, specifically, a danger to children. In light of all of this, we cannot say that the trial court abused its discretion in sentencing defendant to an aggregate term of 20 years in prison.
¶ 59 III. CONCLUSION
¶ 60 For the preceding reasons, we affirm the judgment of the circuit court of Du Page County.
¶ 61 Affirmed.
Justices Zenoff and Spence concurred in the judgment and opinion.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Guiseppe RESSA, Defendant-Appellant.
- Cited By
- 3 cases
- Status
- Unpublished