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People v. Boand9/30/2005
al court erroneously declined to sever the criminal-sexual-assault count from the homicide counts; (2) the trial court erroneously admitted evidence of other uncharged sex offenses; (3) the trial court denied him the right to confront Shepherd and Hoerer about their motives to testify for the State; (4) the State failed to prove him guilty beyond a reasonable doubt of criminal sexual assault; (5) the trial court erroneously permitted the State to cross-examine another witness about her telephone conversation with Shepherd three days after the incident; (6) the trial court erred in refusing to instruct the jury that suicide qualifies as an intervening cause of death that relieves a defendant of criminal liability for a homicide; and (7) the drug-induced-homicide statute is unconstitutionally vague and overly broad.
The State and defendant each begin with an analysis of the constitutionality of the drug-induced-homicide statute. However, we recognize that " ' court should avoid constitutional questions where the case may be decided on other grounds.' " In re Detention of Swope, 213 Ill. 2d 210, 218 (2004), quoting In re S.G., 175 Ill. 2d 471, 479 (1997); see also People v. Pinkonsly, 207 Ill. 2d 555, 565 (2003) (supreme court will not consider a constitutional issue in a criminal case if it can be decided on other grounds). We review each of defendant's allegations of trial error and determine that the trial court committed reversible error. In the interest of certitude, we address defendant's constitutional challenge to the drug-induced-homicide statute because he should not be forced to submit to a new trial on that charge if his constitutional arguments are meritorious.
A. Severing the Criminal -Sexual-Assault Charge From the Two Homicide Charges
Defendant argues that the trial court erroneously denied his motion to sever the criminal -sexual-assault charge from the drug-induced-homicide and involuntary-manslaughter charges. In denying defendant's motion to sever the criminal-sexual-assault charge, the trial court found that the three charges could be tried together because the facts supporting each were "intertwined," occurred at approximately the same time, and were part of the same comprehensive transaction.
A court may order two or more charges to be tried together if the offenses charged are based on the same act or on two or more acts that are part of the same comprehensive transaction. 725 ILCS 5/111--4(a) (West 2004). There are no precise criteria for determining whether separate offenses are part of the same comprehensive transaction. People v. Gapski, 283 Ill. App. 3d 937, 942 (1996). Generally, the joinder of two or more charges is appropriate if the offenses are of a similar nature or are part of a single transaction or common scheme. People v. Weston, 271 Ill. App. 3d 604, 612 (1995). Among the factors to consider are the proximity in time and location of the offenses, the identity of evidence linking the offenses, the degree to which the offenses share a common method, and whether the severance will promote judicial efficiency. Gapski, 283 Ill. App. 3d at 942; People v. Patterson, 245 Ill. App. 3d 586, 588 (1993). The circuit court has substantial discretion in deciding whether to sever separate charges, and its decision will not be reversed absent an abuse of discretion. Weston, 271 Ill. App. 3d at 612.
Defendant argues that he was prejudiced by the joinder of the sex offense and homicide charges because they allegedly arose from distinct acts affecting two different victims. Defendant also contends that his trip with Shepherd to Chicago is an intervening event that attenuated the connection between the sex-offense and homicide charges. Defen
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