People v. Fretch
2017 IL App (2d) 151107
| Ill. App. Ct. | 2017Background
- Ian F. Fretch (defendant) was charged with sexual exploitation of a child, public indecency, and disorderly conduct for allegedly exposing his penis and masturbating at his front door while 14-year-old G.G. was across the street; bench trial resulted in convictions (one later vacated under one-act/one-crime).
- State sought and the court admitted other-acts evidence: (1) a May 2010 incident where defendant sent sexually suggestive MySpace messages to a 14-year-old (C.K.), and (2) a July 17, 2014 incident where defendant allegedly drove by and made sexually suggestive gestures toward G.G. and her friend S.M.
- G.G. testified she observed defendant undressing, saw him masturbating behind a screen door, photographed him, and saw him open the door and thrust his penis into the doorway; defendant gave recorded statements to police admitting he was naked and masturbating at the door (later saying those admissions were hypotheticals).
- The trial court credited G.G. and S.M., found defendant guilty on all counts, and sentenced him to 360 days’ imprisonment plus two years’ probation (with one misdemeanor conviction later vacated as duplicative).
- On appeal defendant challenged (1) admission of other-acts evidence, (2) sufficiency of evidence, (3) trial counsel’s effectiveness (including agreement to partial courtroom closure and evidentiary choices), and (4) legality of consecutive jail + probation for a Class A misdemeanor. The appellate court affirmed on all points.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Fretch) | Held |
|---|---|---|---|
| Admissibility of other-acts evidence | Prior acts toward same class of victims (including prior acts toward G.G.) were admissible to show intent/absence of mistake; probative value outweighed prejudice | Other-acts were propensity evidence, dissimilar or too remote, and therefore inadmissible under Rule 404(b) | Admission upheld: other acts were relevant to intent/absence of mistake; similarities (including prior acts directed at victim) and timing made them probative, not unduly prejudicial. |
| Sufficiency of the evidence (presence, knowledge, exposure) | G.G.’s testimony, photos, and defendant’s statements proved presence, knowledge, and purposeful exposure | Photo was inconclusive; defendant’s statements were coerced/suggestive; G.G. was too far (about 80 ft) to be in defendant’s “presence” or to prove knowledge | Convictions affirmed: court credited witnesses and defendant’s admission; “presence” may include nearby constructive presence and knowledge was proven from the circumstances. |
| Ineffective assistance of counsel (partial courtroom closure; failure to use photographs/work records) | N/A (State opposed relief) | Counsel ineffectively acquiesced to closure, failed to present work-time records and defense photographs that would have undercut identification and observations | Denied: defendant acquiesced on the record to the partial closure; counsel’s strategic choices (not introducing photos) were reasonable and no prejudice shown; other claims were forfeited or insufficiently developed. |
| Legality of consecutive imprisonment + probation for Class A misdemeanor | N/A (State defended sentence) | Consecutive 360-day jail + 2 years’ probation exceeds the statutory maximum aggregate (< 364 days) and is therefore unauthorized | Denied: statute permits consecutive imprisonment and probation so long as neither component exceeds its own statutory maximum; sentence components here were within their respective maximums. |
Key Cases Cited
- People v. Wilson, 214 Ill. 2d 127 (Ill. 2005) (other-acts admissibility and when intent is “at issue” in specific-intent sexual cases)
- People v. Illgen, 145 Ill. 2d 353 (Ill. 1991) (other-acts relevant to intent where defendant claims accident)
- People v. Deenadayalu, 331 Ill. App. 3d 442 (Ill. App. Ct. 2002) (admission of other-acts to show intent/absence of mistake where defendant’s account left intent disputed)
- People v. Luczak, 306 Ill. App. 3d 319 (Ill. App. Ct. 1999) (prior similar sexual misconduct admissible where defendant’s presence with victim and intent were contested)
- People v. Horrell, 381 Ill. App. 3d 571 (Ill. App. Ct. 2008) (discussion of limitations on combining probation and imprisonment; contrasted statutory interpretations)