People v. Encalado

Defendant was indicted on 15 charges of aggravated criminal sexual assault and three charges of criminal sexual assault. Before trial, the state successfully moved for admission other crimes evidence to show that defendant committed similar sexual assaults. Defense counsel indicated that Defendant intended to testify that the victims all consented to sex with Defendant in exchange for cash and drugs but that, after they provided the agreed services, Defendant took back the payments. Counsel asked the court to inquire of the venire whether “[t]he fact that you will hear evidence about … prostitution. Would that fact alone prevent you from being fair to either side?” The court refused, The victims testified about the attacks. Defendant testified. The jury found Defendant guilty. The appellate court remanded for a new trial. The Illinois Supreme Court reversed. There is no body of law indicating that the public harbors bias against the patrons of prostitutes to the extent that such a person’s testimony cannot be considered fairly. Defendant’s proffered question did not involve a matter that was indisputably true and inextricably a part of the trial but amounted to a preliminary argument regarding a disputed question of fact, which is generally not permitted. Even if the victims were prostitutes, it is difficult to conceive how a juror who could fairly judge the explicit sexual conduct would be rendered incapable of fairly judging defendant based on the fact he patronized prostitutes. View "People v. Encalado" on Justia Law