v.
Gaddy
2019 IL App (1st) 171832-U No. 1-17-1832 Order filed December 27, 2019 Fifth Division NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) Nos. 14 CR 14348 ) 14 CR 14350 GERALD GADDY, ) ) Honorable Defendant-Appellant. ) William H. Hooks, ) Judge, presiding.
JUSTICE ROCHFORD delivered the judgment of the court. Presiding Justice Hoffman and Justice Delort concurred in the judgment. ORDER ¶1 Held: We affirm defendant’s convictions, concluding (1) the State presented sufficient evidence to sustain his convictions of criminal sexual assault; and (2) defendant did not receive ineffective assistance of counsel. ¶2 Following a bench trial, the trial court found defendant, Gerald Gaddy, guilty of 11 counts of criminal sexual assault based on his sexual penetration of M.M., and 4 counts of aggravated criminal sexual abuse and 1 count of aggravated battery based on his sexual touching of N.H. The court sentenced defendant to an aggregate prison term of 43 years. Defendant appeals, arguing (1) No. 1-17-1832 the State failed to prove him guilty beyond a reasonable doubt of three of the charged offenses relating to his conduct with M.M., and (2) he was deprived of his right to effective assistance of counsel where his trial counsel failed to tender an alibi defense and disclose witnesses to support it and failed to properly prepare a witness for her testimony. We affirm. [1] ¶3 In case No. 14 CR 14348, the State charged defendant by indictment with 26 counts of criminal sexual assault and six counts of aggravated criminal sexual abuse based on various instances of sexual penetration he perpetrated on M.M. between April 10, 2014, and June 10, 2014. In case No. 14 CR 14349, the State charged defendant by indictment with one count of aggravated criminal sexual abuse based on his groping of A.K.’s buttocks. [2] (R. 91-92). In case No. 14 CR 14350, the State charged defendant by indictment with four counts of aggravated criminal sexual abuse and one count of aggravated battery based on his two separate gropings of N.H.’s breasts on June 18, 2014, and one groping of her buttocks between February 1, 2013, and June 18, 2014. ¶4 Thereafter, the State filed a motion to allow other crimes evidence (725 ILCS 5/115-7.3 (West 2014)), seeking to admit evidence of defendant’s acts as charged in case Nos. 14 CR 14349 and 14 CR 14350 during the trial in case No. 14 CR 14348. Additionally, the State filed a motion for joinder (725 ILCS 5/114-7 (West 2014)), in which it sought an order joining case Nos. 14 CR 14348, 14 CR 14349, and 14 CR 14350 for trial. The court granted the State’s motions.
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¶5 The State proceeded to trial on 11 counts of criminal sexual assault in case No. 14 CR
14348 (as set forth in ¶ 6), the single count in case No. 14 CR 14349, and all 5 counts in case No.
14 CR 14350. The State nol-prossed the remaining counts.
¶6 Because the charges in the indictment in case No. 14 CR 14348 are relevant to defendant’s contentions on appeal, we set forth those charges in detail before recounting the evidence presented at trial. Counts 3 and 4 of the indictment alleged defendant committed the offense of criminal sexual assault (720 ILCS 5/11-1.20(a)(4) (West 2014)) on or about April 10, 2014, in that he
knowingly committed acts of sexual penetration upon M.M., who was between the ages of 13 and 18, at a time when he held a position of trust, authority, or supervision in relation to M.M., by making contact between his penis and M.M.’s “sex organ” (count 3) and mouth (count 4). Count
6 of the indictment alleged defendant committed the offense of criminal sexual assault (720 ILCS
5/11-1.20(a)(4) (West 2014)) on or about April 11, 2014, in that he knowingly committed an act of sexual penetration upon M.M., who was between the ages of 13 and 18, at a time when he held a position of trust, authority, or supervision in relation to M.M., by making contact between his penis and M.M.’s “sex organ.” Count 8 alleged defendant committed the offense of criminal sexual assault (720 ILCS 5/11-1.20(a)(1) (West 2014)) on or about April 12, 2014, and continuing on
through June 9, 2014, in that he knowingly committed an act of sexual penetration by the use of force or threat of force, by making contact between his penis and M.M.’s anus. Counts 14, 15, 16, 17, 18, 19, and 20 alleged defendant committed the offense of criminal sexual assault (720 ILCS
5/11-1.20(a)(4) (West 2014)) on or about April 12, 2014, and continuing through June 9, 2014, in that he knowingly committed acts of sexual penetration upon M.M., who was between the ages of 13 and 18, at a time when he held a position of trust, authority, or supervision in relation to M.M., 171834
No. 1-17-1832 by (1) making contact between his penis and M.M.’s “sex organ” (count 14), (2) making contact between his penis and M.M.’s anus (count 15), (3) making contact between his penis and M.M.’s mouth (count 16), (4) making contact between his mouth and M.M.’s “sex organ” (count 17), (5) making contact between his mouth and M.M.’s anus (count 18), (6) inserting his finger into M.M.’s
“sex organ” (count 19), and (7) inserting his finger into M.M.’s anus (count 20).
¶7 Though the State did not proceed to trial on count 26, defendant relies on that charge in support of his argument on appeal and, therefore, we summarize it here. Count 26 alleged defendant committed the offense of criminal sexual assault (720 ILCS 5/11-1.20(a)(4) (West
2014)) on or about June 10, 2014, in that he knowingly committed acts of sexual penetration upon
M.M., who was between the ages of 13 and 18, at a time when he held a position of trust, authority, or supervision in relation to M.M., by making contact between his mouth and M.M.’s “sex organ.”
¶8 The following evidence was presented at defendant’s bench trial. M.M. testified that she was born on April 16, 1997. M.M. attended Simeon Career Academy (Simeon) during her freshman, sophomore, and junior years of high school and ran on the track and cross country teams.
During her sophomore and junior years, defendant was one of her track and field coaches. When
defendant became her coach, he introduced himself as “Coach Baby Face.” During her junior year, M.M. and defendant’s relationship transitioned from “normal” to “inappropriate” and “flirtatious.”
¶9 On April 9, 2014, while on a bus on the way to a track meet, M.M. gave defendant a belated birthday card, in which she wrote she “was lucky to have him as a coach,” she “was glad that he began to coach girls[’] track,” and she “loved him.” At the time, M.M. was 16 years old. Defendant asked M.M. “in what way did [she] love him” and to explain herself in more depth. M.M. was not able to do so at that time. On the way home from the track meet, M.M. sat next to defendant and 171835
No. 1-17-1832 told him she “was attracted to him and [she] liked him. And when [she] said [she] loved him, [she] meant it in more of a general way as opposed to a romantic way.” Defendant told M.M. he wanted to kiss her, but M.M. told defendant she thought it was best to wait until she “was of age.” When they arrived back at school, defendant asked M.M. to accompany him to his office, but she declined to do so.
¶ 10 On April 10, 2014, M.M. arrived to track practice at 3:30 p.m., and defendant asked her to accompany him to the wrestling office, which M.M. did not know existed and was isolated from other offices and classrooms. M.M. and defendant entered the office, where no one else was
present, and defendant asked M.M. if she “had time to think about [their] conversation from the day before.” Before M.M. could answer him, defendant started kissing her. Defendant then bent
M.M. over his desk, pulled down her shorts, and placed his penis in her vagina, which caused
M.M. pain. M.M. told defendant she was in pain and “asked him if [they] could do something else.” Defendant did not stop right away and instead told M.M. “he liked to see [her] struggle.”
M.M. asked defendant a couple more times to stop and, when he did, she performed “oral sex” on him. While M.M. performed “oral sex” on defendant, he grabbed the back of her head and shoved his penis further into her mouth.
¶ 11 After school but before track practice on April 11, 2014, M.M. accompanied defendant to the wrestling office, where they had vaginal and oral sex.
¶ 12 M.M. testified that between April 10, 2014, and June 10, 2014, she and defendant had a continuing sexual relationship, during which they engaged in sexual activity approximately 40
times. All their sexual encounters took place in the wrestling office. Over that two-month period, defendant placed his mouth on M.M.’s breast, vagina, and anus. When asked whether defendant
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“ever put his fingers anywhere inside [her] body” during that two-month period, M.M. responded, “yes *** in my vagina and in my anus.” M.M. and defendant engaged in sexual activity every day that school was in session and, while some of the contact occurred during school hours, most of it occurred after school ended but before track practice started.
¶ 13 M.M. testified that she agreed to participate in the sexual acts on every occasion except
June 6, 2014. The State asked M.M. what occurred that day, and the following colloquy occurred:
“Q. Can you please tell us what happened first when you were in the [wrestling] office?
A. It normally started with oral sex with him performing oral sex on me. And then afterwards, he – he – we just had vaginal sex. And the whole time I was laying on my back and he was standing up. And after he – after we had vaginal sex, it didn’t last very long because he wanted to have anal sex.
And when he put his penis in my anus, it was really painful so I asked him to stop.
And I asked him to stop but he told me no. And he began to take my hips and slide them towards him so he could enter me further. And I had tried to push him off of me but he took one of his hands and he just pretty much like clasped my two hands together and put them on my chest and he told me to stop fighting so I tried to kick him off of me but I couldn’t. So I just gave up and stopped fighting.”
During this encounter, M.M. did not consent to anal sex and asked defendant to stop “at least three or five times.” As a result of this encounter, M.M. missed her last two classes that day.
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¶ 14 On June 10, 2014, M.M. and defendant again engaged in sexual intercourse in the wrestling
office. M.M. agreed to this encounter. When asked what sexual acts she and defendant engaged in that day, M.M. responded, “[a]nal sex, oral sex, vaginal sex[,] and digital.”
¶ 15 M.M. testified that June 10, 2014, was the last day she and defendant had sexual contact.
She decided to end the relationship because she “didn’t feel like there was any remorse on
[defendant’s] part” and she thought it was odd “because normally when people do something bad or wrong or illegal, there is some type of guilt or remorse and there was none.”
¶ 16 About a week prior to ending their relationship, M.M. confided in her friend, Jada Smith, that she was having a sexual relationship with an older man but did not tell Smith who it was.
M.M. also told two other friends about her relationship. [3]
¶ 17 At the end of June 2014, M.M. received a phone call from the principal at Simeon, Dr.
Sheldon House, and he asked her whether anything had happened between her and defendant.
M.M. told Dr. House nothing had happened because he would have to tell the police and her parents, and she did not want Dr. House’s opinion of her to be negatively affected. However, M.M. then spoke with her mother and reported what had been going on between her and defendant to both the police and the school.
¶ 18 M.M. denied being present during a meeting on July 20, 2014, at which Makayla Ross, A.K., Princess, Lashell Benton, Ashlei, Danyell, and Brianna Duckworth were present and discussed “how to proceed and how to make your stories sound good.” 4
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¶ 19 Ms. Smith testified that she graduated from Simeon in 2015. She was on the track team for three years, and defendant was one of her coaches. In 2014, Ms. Smith and M.M. were best friends.
In May 2014, their relationship changed when M.M. told Ms. Smith she was sleeping with an older man. Ms. Smith became upset when M.M. shared this with her and sought guidance from defendant. Defendant asked Ms. Smith, “You think this got something to do with me[?]” Ms. Smith told defendant she did not want to talk to M.M. anymore, and defendant told her to support M.M.
¶ 20 Ms. Smith testified she and M.M shared the same school schedule from third through
eighth periods in 2014. From April through June 2014, she noticed M.M. “was missing fifth and sixth period[s] a lot” but would return to classes for seventh and eighth periods.
¶ 21 N.H. testified that she was born on May 28, 1998. N.H. attended Simeon and ran cross country and track her freshman, sophomore, and junior years. Defendant was one of her coaches.
¶ 22 N.H. testified that, between February 2013 and June 2014, defendant touched her inappropriately “too many [times] to count.” N.H. explained defendant hugged her with his hands wrapped around her waist and “his hands would go down and it would either tap my butt or squeeze my butt.”
¶ 23 On April 4 or 5, 2014, the Simeon track team participated in a track meet in East St. Louis, Illinois. After N.H. finished her race, she told defendant one of her calf muscles was hurting.
Defendant told her to lie down and that he would massage her muscles. N.H. lay face down in the infield of the track and defendant knelt beside her. Defendant massaged N.H.’s calf muscles and then “worked his way up to [her] thighs and *** went up to [her] upper thighs.” Defendant rubbed the inside of N.H.’s thighs and then told N.H. to open her legs more. N.H. told defendant she was
“good” and limped away.
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¶ 24 At track practice on June 17 or 18, 2014, N.H.’s teammates tried to help her put on a weighted vest, which was difficult to buckle. Defendant told N.H.’s teammates to leave and that he would help N.H. put on the weighted vest. While defendant was buckling the vest, he squeezed
N.H.’s breasts. N.H. told defendant to “stop playing” with her, and defendant replied, “I always find a way to make you smile.” Defendant then squeezed N.H.’s breasts again.
¶ 25 A.K. testified that she was born on August 13, 1998. A.K. attended Simeon and, as a
freshman in 2014, she ran on the track team. Defendant was one of her coaches. In spring 2014, during a track meet at St. Rita High School, defendant asked A.K. whether she wanted to “go places with him,” such as downtown and the Taste of Chicago. Defendant also made an inappropriate comment about her body. On another occasion, defendant offered to buy A.K. clothes.
¶ 26 In June 2014, A.K. was in the head track coach’s office with Symone Harris and defendant.
While in the office, A.K. accidentally elbowed Ms. Harris in the face. A.K. tried to make sure Ms.
Harris was “okay,” hugged her, and rubbed her head. Defendant grabbed A.K.’s buttocks with his hand.
¶ 27 Ms. Harris testified that in 2014, she was a freshman at Simeon and ran on the track team.
After A.K. bumped her with her elbow in the head track coach’s office, A.K. hugged her and asked if she was “okay.” When she looked up, defendant was standing behind A.K., leaving no space between his and her bodies. A.K. whispered in Ms. Harris’s ear that defendant had touched her buttocks and they had to leave the office.
¶ 28 Ms. Ross testified she attended Simeon and ran on the track team. On April 26, 2014, when
Ms. Ross was a freshman, defendant told her at a track meet that she “need[ed] to get [her] body
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No. 1-17-1832 right for track and if he ever saw [her] on the streets that he [would] f*** [her].” Ms. Ross denied meeting with A.K., Princess, Benton, Ashlei, Danyell, Marianna, and Ms. Duckworth in July
2014. 5 Ms. Ross denied ever saying she “wanted to get” defendant and she denied ever saying to anybody that, if she and others “got together on [their] stories,” they would have to be believed.
¶ 29 Ms. Ross testified that she told defendant’s stepdaughter, Whitney Ward, over the internet that she wanted to fight her. According to Ms. Ross, she wanted to fight Ms. Ward because Ms.
Ward had previously said defendant had touched her chest and buttocks, but Ms. Ward changed her story “[w]hen everything came out.”
¶ 30 Dr. House testified that he was the principal of Simeon. On June 26, 2014, Dr. House met
with N.H., who informed him defendant had made comments about her body, touched her breasts, and touched her butt. N.H. told Dr. House “it was happening to other people.”
¶ 31 Later that day, Dr. House met with A.K. and learned of additional allegations. M.M. was not present that day, but Dr. House called her when he learned she was a part of what had occurred.
Dr. House questioned M.M. regarding allegations that had been made against a track coach, and M.M. denied having knowledge of any inappropriate conduct between any of the coaches and athletes.
¶ 32 On June 27, 2014, Dr. House met with M.M., her parents, and an assistant principal. During the meeting, M.M. shared the details of her relationship with defendant.
¶ 33 The State introduced a certified copy of defendant’s birth certificate, which indicated he was born on April 8, 1972.