People v. Encalado

JUSTICE BURKE delivered the judgment of the court, with opinion.

Decision Under Review Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County, the Hon. Matthew E. Coghlan, Judge, presiding. Judgment Appellate court judgment reversed. Counsel on Appeal Lisa Madigan, Attorney General, of Springfield, and Kimberly M. Foxx, State's Attorney, of Chicago (David L. Franklin, Solicitor General, Michael M. Glick and Evan B. Elsner, Assistant Attorneys General, and Alan J. Spellberg, Annette Collins, and Mary P. Needham, Assistant State's Attorneys, of counsel), for the People. Michael J. Pelletier, State Appellate Defender, Patricia Mysza, Deputy Defender, and Jennifer L. Bontrager, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Chicago, for appellee. The John Marshall Law School Pro Bono Program & Clinic, of Chicago (J. Damian Ortiz and Mengjie Zou, of counsel, and Chandne Jawanda, Christina Wood, and Titanila Halajovo, law students), amicus curiae. Justices JUSTICE BURKE delivered the judgment of the court, with opinion.
Chief Justice Karmeier and Justices Freeman, Thomas, Kilbride, Garman, and Theis concurred in the judgment and opinion.

¶ 1 The defendant in the case at bar, Theophil Encalado, asked the trial court during voir dire to question the venire about whether evidence that he had engaged the services of a prostitute would influence the prospective jurors' judgment in any way. The circuit court of Cook County refused defendant's request, and he was subsequently found guilty on three counts of aggravated criminal sexual assault. ¶ 2 On appeal, the appellate court, with one justice dissenting, reversed defendant's convictions and remanded for a new trial, holding that the trial court "abused its discretion when it refused to ask venire members questions about potential bias against persons who participate in prostitution." 2017 IL App (1st) 142548, ¶ 1. ¶ 3 For the reasons that follow, we reverse the judgment of the appellate court.

¶ 5 Defendant was indicted on 15 charges of aggravated criminal sexual assault and 3 charges of criminal sexual assault. In the indictment, it was alleged that, on the morning of March 5, 2006, defendant knowingly, and by the use of force or threat of force, committed acts of oral, vaginal, and anal sexual penetration upon Y.C. ¶ 6 Prior to defendant's trial, the State filed a motion to admit other crimes evidence to show that defendant committed similar sexual assaults against J.H., C.C., and S.A. Following a hearing, the trial court granted the State's request with respect to C.C. and S.A., allowing admittance of other crimes evidence to show intent, lack of consent, and propensity. The court denied the State's request with respect to J.H. but ruled that the State could impeach defendant with his conviction for predatory criminal sexual assault against J.H. if he chose to testify. ¶ 7 After the trial court ruled to allow the admission of other crimes evidence, defense counsel advised the court that defendant intended to testify that Y.C., C.C., and S.A. all consented to having sex with defendant in exchange for the payment of cash and drugs but that, after they provided the agreed services, defendant took back the payments he made. Counsel stated that the jurors "are going to hear evidence that [defendant] did engage in soliciting and using prostitutes." Accordingly, defense counsel asked the court to inquire of the venire whether "[t]he fact that you will hear evidence about—and just put it mildly—to not try to indoctrinate pulled his hair. He then reached over and pushed her out of the car and drove away. Defendant denied forcing C.C. to have sex, punching her, having worn a bandana, having a knife, or taking C.C.'s jewelry. Defendant admitted he had been convicted of predatory criminal sexual assault but denied sexually assaulting either Y.C. or C.C. Defendant then rested. ¶ 20 The jury found defendant guilty on three counts of aggravated criminal sexual assault. In a motion for a new trial, defendant again raised the issue of the court's refusal to question the venire about prostitution. The trial court denied the motion for a new trial. Defendant was sentenced to 20 years' imprisonment on each of the three counts of aggravated criminal sexual assault, with each sentence to run consecutive to each other and consecutive to defendant's sentence in the predatory criminal sexual assault case. ¶ 21 The appellate court, with one justice dissenting, reversed defendant's convictions and remanded for a new trial. 2017 IL App (1st) 142548. The court held that the circuit court abused its discretion when it refused to question the venire members about any potential bias they might have in connection with prostitution. ¶ 22 We granted the State's petition for leave to appeal. Ill. S. Ct. R. 315(a) (eff. Mar. 15, 2016). We also allowed The John Marshall Law School's Pro Bono Program & Clinic to file an amicus curiae brief in support of the State. Ill. S. Ct. R. 345 (eff. Sept. 20, 2010).

¶ 24 A criminal defendant has a constitutional right to trial by an impartial jury. Morgan v. Illinois, 504 U.S. 719, 727 (1992); People v. Strain, 194 Ill. 2d 467, 475 (2000). To secure this right, inquiry is permitted during voir dire " 'to ascertain whether the juror has any bias, opinion, or prejudice that would affect or control the fair determination by him of the issues to be tried.' " People v. Lobb, 17 Ill. 2d 287, 300 (1959) (quoting Connors v. United States, 158 U.S. 408, 413 (1895)). "The purpose of voir dire is to ascertain sufficient information about prospective jurors' beliefs and opinions so as to allow removal of those members of the venire whose minds are so closed by bias and prejudice that they cannot apply the law as instructed in accordance with their oath." People v. Cloutier, 156 Ill. 2d 483, 495-96 (1993). Jurors "must harbor no bias or prejudice which would prevent them from returning a verdict according to the law and evidence." Strain, 194 Ill. 2d at 476. ¶ 25 The manner, extent, and scope of voir dire examination rests within the discretion of the trial court. Id.; People v. Terrell, 185 Ill. 2d 467, 484 (1998); People v. Rinehart, 2012 IL 111719, ¶ 16. However, "the trial court must exercise its discretion in a manner consistent with the purpose of voir dire." Strain, 194 Ill. 2d at 476. "An abuse of discretion occurs when the conduct of the trial court thwarts the purpose of voir dire examination—namely, the selection of a jury free from bias or prejudice." Rinehart, 2012 IL 111719, ¶ 16. "To be constitutionally compelled, it is not enough that a voir dire question be helpful[;] rather, the trial court's failure to ask the question must render the defendant's proceedings fundamentally unfair." Terrell, 185 Ill. 2d at 485. ¶ 26 The appellate court below observed that various courts have noted that certain sexual behaviors, including prostitution, can evoke "strong responses." 2017 IL App (1st) 142548, ¶ 31. The appellate court further observed that a number of jurisdictions use public shaming against patrons of prostitutes as a means to reduce prostitution because "legislatures and the customers of women who exchange sex for money know that many persons feel strong disgust by the court and whether they would use sympathy, bias, or prejudice in reaching a decision. Further, there is no body of law that holds that the testimony of patrons of prostitutes is treated with skepticism by the public. In addition, allowing defendant's proffered question would have permitted defendant to preargue a disputed issue of fact. Given these circumstances, we cannot say that refusing defendant's proffered question regarding prostitution rendered the voir dire proceeding fundamentally unfair. Accordingly, we hold that the trial court did not abuse its discretion in denying defendant's question.

¶ 37 For the foregoing reasons, the judgment of the appellate court is reversed. ¶ 38 Appellate court judgment reversed.