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People v. Boand9/30/2005
enge to Brounstein's "unfairly graphic and highly inflammatory" testimony about her terminated pregnancy because he did not object to this "specific testimony" at trial. However, the State concedes that defendant objected generally to all of the other-crimes evidence both in his motion in limine and at trial. An issue is preserved for appeal if it is raised either in an objection at trial or in a motion in limine and it is also raised in a posttrial motion. People v. Hudson, 157 Ill. 2d 401, 434-35 (1993). Because defendant moved in limine to exclude the evidence and raised the issue at trial and again in his posttrial motion, he has properly preserved the issue for appeal.
We next turn to the admissibility of the evidence for each of the purposes mentioned in the written jury instruction. A trial court's ruling on the admissibility of other-crimes evidence will not be reversed absent an abuse of discretion. People v. Childress, 338 Ill. App. 3d 540, 545 (2003). An abuse of discretion occurs where the trial court's ruling is arbitrary or fanciful, or where no reasonable person would take the view adopted by the trial court. Childress, 338 Ill. App. 3d at 545.
1. Criminal Sexual Assault
Defendant contends that his alleged assaults of Brounstein and Semmen were inadmissible to show propensity, modus operandi, motive, intent, opportunity, and identity regarding the criminal sexual assault. It is well settled that evidence of other offenses is inadmissible for showing the defendant's disposition or propensity to commit crimes. People v. Robinson, 167 Ill. 2d 53, 62 (1995). However, in People v. Donoho, 204 Ill. 2d 159, 176 (2003), the supreme court found that section 115--7.3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115--7.3 (West 2004)) permits a court to admit evidence of other crimes to show a defendant's propensity to commit sex offenses. To be admissible under the statute, the other-crimes evidence should have some threshold similarity to the charged crime. Donoho, 204 Ill. 2d at 184. As factual similarities increase, so does the relevance or probative value. Donoho, 204 Ill. 2d at 184. However, where such evidence is offered for something other than modus operandi, mere general areas of similarity will suffice. Donoho, 204 Ill. 2d at 184.
Section 115--7.3 of the Code provides as follows:
"(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, or criminal transmission of HIV;
(2) the defendant is accused of battery or aggravated battery when the commission of the offense involves sexual penetration or sexual conduct as defined in Section 12--12 of the Criminal Code of 1961; or
(3) the defendant is tried or retried for any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child.
(b) If the defendant is accused of an offense set forth in paragraph (1) or (2) of subsection (a) or the defendant is tried or retried for any of the offenses set forth in paragraph (3) of subsection (a), evidence of the defendant's commission of another offense or offenses set forth in paragraph (1), (2), or (3) of subsection (a), or evidence to rebut that proof or an inference from that proof, may be admissible (if that evidence is otherwise admissible under the rules of evidence) and may be considered for its bearing on any matter to which it is relevant.
(c) In weighing the probative value of the evidence agai
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