People v. Varela
2025 IL App (2d) 240120-U
Ill. App. Ct.2025Background
- Sergio Varela was convicted by a jury in Kane County, Illinois, of two counts of predatory criminal sexual assault and one count of aggravated criminal sexual abuse against a minor, K.M.
- K.M., the victim, testified to being inappropriately touched by Varela when she was seven years old; her cousin Y.M. also testified to similar past abuse by the defendant.
- Corroborating testimony came from K.M.'s sister and mother, who took action after K.M. disclosed the abuse, resulting in Varela being forced to move out of the house.
- The case involved video-recorded interviews of both K.M. and Varela, with both the content and use of these recordings central at trial.
- Varela consistently denied the allegations during police interrogation, and his defense highlighted alleged police bias and improper interrogation tactics.
- After conviction, defense counsel challenged both the sufficiency of the evidence for aggravated criminal sexual abuse and the effectiveness of counsel regarding the unredacted interrogation video.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated | Evidence, including K.M.'s CAC interview, | K.M. did not describe any act reasonably interpreted as sexual | Evidence, including K.M.'s credible out-of-court statements, supported the conviction. |
| criminal sexual abuse | showed defendant rubbed against K.M. for | gratification; her trial testimony was exculpatory; CAC interview | |
| sexual gratification. | ambiguous. | ||
| Ineffective assistance for failure to redact | Defense counsel used whole video as part of | Failing to redact prejudicial, irrelevant parts of the video | Counsel’s decision was sound trial strategy, not deficient performance. |
| interrogation video | trial strategy to show police bias and Varela | rendered trial unfair and was below reasonable professional | |
| remaining calm in denials. | standards. |
Key Cases Cited
- People v. Sutherland, 223 Ill. 2d 187 (standard for sufficiency of evidence in criminal convictions—reviewing evidence in light most favorable to prosecution)
- People v. Wright, 2017 IL 119561 (trier of fact decides credibility and inferences; conviction set aside only if evidence unreasonable or unsatisfactory)
- People v. Richardson, 234 Ill. 2d 233 (appellate courts defer to jury credibility determinations)
- People v. Burton, 399 Ill. App. 3d 809 (intent to arouse or gratify sexual desires can be inferred from circumstantial evidence)
- People v. Delgado, 376 Ill. App. 3d 307 (testimony of a single credible witness sufficient to convict)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel claims require showing deficiency and prejudice)