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Appellate Court Date: 2018.09.25
09:19:11 -05'00'
People v. Belanger, 2018 IL App (5th) 160191
Appellate Court THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v.
Caption THOMAS W. BELANGER, Defendant-Appellant.
District & No. Fifth District
Docket No. 5-16-0191
Filed July 9, 2018
Modified upon
denial of rehearing August 22, 2018
Decision Under Appeal from the Circuit Court of Wayne County, Nos. 15-CF-150,
Review 15-CF-153, 15-CF-154; the Hon. Michael J. Molt, Judge, presiding.
Judgment Affirmed.
Counsel on Paige Clark Strawn, of Law Office of Paige Clark Strawn, P.C., of
Appeal Mt.Vernon, for appellant.
Kevin Kakac, State’s Attorney, of Fairfield (Patrick Delfino, Patrick
D. Daly, and Kelly M. Stacey, of State’s Attorneys Appellate
Prosecutor’s Office, of counsel), for the People.
Panel PRESIDING JUSTICE BARBERIS delivered the judgment of the
court, with opinion.
Justices Cates and Moore concurred in the judgment and opinion.
OPINION
¶1 After a bench trial, the defendant, Thomas Belanger, was declared a sexually dangerous
person (SDP) under the Sexually Dangerous Persons Act (Act) (725 ILCS 205/0.01 et seq.
(West 2014)) and committed to the custody of the Illinois Department of Corrections (IDOC)
for care and treatment. On appeal, the defendant argues that the State failed to prove beyond
a reasonable doubt the he was an SDP. We affirm.
¶2 I. Background
¶3 In August 2015, the defendant was charged with one count of criminal sexual assault
(720 ILCS 5/11-1.20(a)(1) (West 2014)), one count of aggravated assault (720 ILCS
5/12-2(c)(1) (West 2014)), two counts of unlawful restraint (720 ILCS 5/10-3(a) (West
2014)), and three counts of aggravated domestic battery (720 ILCS 5/12-3.3(a-5) (West
2014)). The criminal sexual assault charge alleged that the defendant committed an act of
sexual penetration by the use of force against his fifth wife, D.B. The defendant later entered
not guilty pleas to all charges.
¶4 While charges were pending, the State filed a petition to proceed and for evaluations in
lieu of criminal prosecution under the Act. The State alleged that the defendant had an
extensive criminal history that included the following: aggravated battery and sexual assault
in 1989 of S.E., a 14-month-old family member, where the defendant stomped on her pubic
area and anally raped her; escape and theft of a motor vehicle in 1990; aggravated battery and
sexual assault in 2002, where the defendant tied up a man and anally penetrated him with a
broomstick; and multiple acts of sexual violence against D.B., including one incident where
he gagged her with a bandana, bound her hands, forced her to kneel while he beat her with a
belt, and then raped her.
¶5 The Wayne County circuit court appointed Dr. Daniel Cuneo, a licensed clinical
psychologist, and Dr. Angeline Stanislaus, a forensic psychiatrist, to conduct independent
examinations of the defendant and render separate opinions on whether the defendant
qualified as an SDP, as defined by the Act. Following the evaluations, the State filed a
petition to declare the defendant an SDP, pursuant to the Act. The petition alleged that both
Drs. Cuneo and Stanislaus had concluded within a reasonable degree of medical and
psychiatric certainty that the defendant met the criteria as an SDP. The petition also alleged
that the defendant suffered from a qualifying mental disorder for at least one year prior to the
filing of the petition, that he had criminal propensities to commit sex offenses and acts of
sexual molestation of children, that he had demonstrated criminal propensity by his past
actions, and that he was substantially likely to engage in future acts of sexual violence if not
confined. Prior to trial on the State’s petition, the defendant waived his right to a jury trial.
¶6 A. Dr. Cuneo
¶7 In April 2016, the defendant’s bench trial was held. Dr. Cuneo, the State’s first expert
witness, testified to the following. Dr. Cuneo was a licensed clinical psychologist primarily
employed by the court systems in multiple counties throughout southern Illinois. Dr. Cuneo
had conducted numerous sex offender risk assessments and sexually violent person
evaluations but acknowledged that the defendant’s case was his first SDP evaluation. In
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preparing the defendant’s evaluation, Dr. Cuneo had referenced the defendant’s clinical and
mental health records, criminal history, social history, and prior fitness evaluations.
¶8 Dr. Cuneo first conducted a mental status examination of the defendant to determine
whether the defendant suffered from the requisite mental disorder. In doing so, he initially
determined whether the defendant was feigning symptoms or responding truthfully to his
inquiries by primarily relying on the defendant’s documented mental health history. Dr.
Cuneo testified that the defendant had “admitted every psychiatric symptom posed to him”
and claimed to have suffered from hallucinations since childhood, which Dr. Cuneo noted
was inconsistent with the defendant’s mental health records. According to Dr. Cuneo, the
defendant’s mental health records, dating back to 1975, revealed that the defendant had
always denied experiencing hallucinations. Dr. Cuneo concluded that the defendant’s
thinking was “somewhat paranoid in nature” but not delusional. Moreover, Dr. Cuneo noted
that the defendant’s past mental health treatments had been intertwined with the defendant’s
criminal activities, which Dr. Cuneo explained was particularly important because the
defendant never voluntarily sought treatment unless legally required.
¶9 Dr. Cuneo also addressed the defendant’s mood disorders. Often, the defendant would
turn his “anger inward” and then become depressed and suicidal. In fact, the defendant told
Dr. Cuneo that he had attempted suicide over 100 times, which was consistent with his
previous hospitalization records. Additionally, the defendant’s clinical records showed
numerous examples where he turned his anger outward and lashed out toward others with
rage. In particular, the defendant admitted that he had attempted to kill the boyfriend of his
ex-wife, A.B., with a baseball bat, broken A.B.’s jaw, and sexually abused her for several
hours. The defendant also greased a broomstick and forcibly inserted it into a restrained
victim’s anus. Moreover, the defendant beat and anally raped S.E., a 14-month-old family
member.
¶ 10 Dr. Cuneo also addressed the defendant’s history of substance abuse. According to
research, Dr. Cuneo testified that mentally ill individuals who abuse substances were five
times more dangerous. Dr. Cuneo noted that the defendant “repeatedly attempted to
self-medicate with alcohol and drugs as a means to deal with his mood swings” and that
“these substances dominated [the defendant’s] life.” In fact, the defendant had a long history
of alcohol and substance use, which impaired his impulse control and greatly increased his
“probability of dangerousness.” In particular, the defendant had admitted to using cocaine
before he beat and raped S.E. in 1989. Despite the defendant’s long criminal history, he had
failed to seek substance abuse treatment. Furthermore, according to Dr. Cuneo, the defendant
had a history of “interlocking” sex and violence, specifically that the defendant’s five failed
marriages each contained domestic violence.
¶ 11 Upon completion of his evaluation, Dr. Cuneo opined, to a reasonable degree of
psychiatric certainty, that the defendant was an SDP. Dr. Cuneo diagnosed the defendant
with (1) personality disorder, not otherwise specified (NOS); (2) sexual sadism disorder
(SSD), which had been present for over 30 years, starting in 1985; (3) alcohol, cannabis, and
cocaine dependency in a controlled environment; and (4) learning disorder, NOS. Dr. Cuneo
explained that the defendant’s criminal activity and past statements demonstrated that he
became sexually aroused through violence and rage and that he had a mental disorder for
purposes of the Act.
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¶ 12 Dr. Cuneo next addressed the defendant’s inability to control his behavior and the
likelihood that, if not confined, he would engage in future sex offenses. The defendant had a
personality disorder, both borderline and antisocial, which showed a lack of empathy and “a
certain amount of psychopathy.” Dr. Cuneo had administered the Minnesota Sex Offender
Screening Tool-Revised (MnSOST-R), which determined that the defendant had a 73%
chance of reoffending in the next five years. Thus, given the defendant’s propensity to
commit sexual offenses, Dr. Cuneo concluded that it was very likely that the defendant
would reoffend in the future.
¶ 13 Although Dr. Cuneo acknowledged on cross-examination that the defendant did not
reoffend in prison from 2003 to 2013, Dr. Cuneo explained that a trigger for the defendant
was the use of alcohol and drugs, which was missing during the defendant’s incarceration.
Dr. Cuneo further explained that an individual’s inability to control sadistic behavior in
certain situations was not part of the definition of SSD. In particular, Dr. Cuneo stated that
someone “can be a sexual sadist and still control [their] actions.” Dr. Cuneo further explained
that if you give an individual with sexual sadism “an opportunity to prey on victims, and I
give him the opportunity to drink *** to use a little meth and to use a little coke *** that’s
going to screw up your impulse control, his potential for violence is going to go through the
ceiling.” Thus, Dr. Cuneo concluded that the probability of reoffending was greatly increased
by the defendant’s lengthy violent history and his personality disorder combined with the use
of alcohol and drugs.
¶ 14 B. Dr. Stanislaus
¶ 15 Dr. Stanislaus, the State’s second expert witness, testified to the following. Dr. Stanislaus
was an expert forensic psychiatrist in the area of sex offender evaluation, including diagnosis
and risk assessment; a licensed medical doctor; and chief medical director for the Missouri
Department of Mental Health. As part of her professional experience, Dr. Stanislaus had
performed more than 20 initial SDP evaluations and over 200 recovery SDP evaluations
assessing whether an individual was still sexually dangerous.
¶ 16 Dr. Stanislaus addressed her process used to perform the defendant’s SDP evaluation. Dr.
Stanislaus reviewed the defendant’s criminal history and investigative reports associated with
his previous sex offenses, prior fitness evaluations, and treatment records from IDOC. Dr.
Stanislaus then interviewed the defendant for approximately 90 minutes. When Dr.
Stanislaus asked the defendant to explain the events surrounding the beating and rape of S.E.,
the defendant stated that S.E. had fallen off of a bed and broken her legs. The defendant
provided no other details of the event. Dr. Stanislaus noted that the defendant’s explanation
was inconsistent with police reports. In fact, records demonstrated that the defendant had
angrily thrown S.E. on the floor and stomped on her before he anally raped her. The medical
records showed that S.E.’s arms and legs were fractured, and there were signs that she had
suffered prior fractures several months before. Additionally, S.E. had anal dilation with
internal and external bruising, and she had blood in her urine and vagina. The defendant was
later convicted and sentenced to 12 years in prison. After his release, he reoffended in 2002.
¶ 17 Next, Dr. Stanislaus discussed the defendant’s 2002 conviction for sexual assault. In
particular, the defendant’s act of greasing a broomstick and forcibly inserting it into the
victim’s anus, while the victim was tied to a bed, demonstrated another act of sexual
violence. Dr. Stanislaus noted that the defendant was convicted and sentenced to eight years
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in prison. Following his release and discharge from IDOC in 2012, the defendant committed
additional acts of sexual violence, which included multiple sexual assaults of D.B. in 2015.
¶ 18 Next, Dr. Stanislaus discussed the defendant’s 2015 sexual assaults of D.B., noting that
they were “quite significant” in arriving at a diagnosis, as they had all occurred after D.B.
had refused the defendant’s sexual advances. In May 2014, the defendant broke D.B.’s nose
after he forcibly pressed his hands on her nose. Additionally, in January 2015, he sexually
assaulted D.B. where he gagged her, tied her hands, forced her to kneel, and then beat her
with a belt and raped her.
¶ 19 Dr. Stanislaus also addressed the defendant’s nonsexual criminal history that started
when he was convicted of burglary at the age of 17. Within one year, the defendant had
violated his probation by committing additional burglary and theft offenses. After he finished
a three-year prison sentence, the defendant returned to prison following numerous parole
violations. Following his release, the defendant was convicted and sentenced to prison for
three years for intimidation, aggravated assault, criminal damage to property, and resisting a
peace officer. In 1990, while in custody for the 1989 sexual assault of S.E., the defendant
escaped from jail and stole a vehicle. He was subsequently convicted and sentenced to five
years in prison on the escape and theft of motor vehicle offenses. Dr. Stanislaus explained
that these crimes and the defendant’s violations of probation and parole did not involve
sexual acts but were still relevant to the SDP evaluation for two reasons. First, the presence
of “more criminal behaviors in a sex offender increases sexual recidivism.” Second, it “talks
about [the defendant’s] personality disorder, which is antisocial personality disorder where
he has difficulty following rules and confining [sic] to the norms of society.”
¶ 20 Dr. Stanislaus also considered the defendant’s alcohol and substance abuse and his social
history. According to Dr. Stanislaus, the defendant had a propensity to commit sex offenses,
and the use of drugs enabled him to act on his sexual urges. When asked whether the
defendant’s lack of reoffending in prison was important, Dr. Stanislaus explained that the
defendant was in a “contained environment” and “intensively supervised and monitored”
while incarcerated. This 10-year period was unimportant to her because the defendant was
not in the community and had demonstrated that he would reoffend upon release several
times. Dr. Stanislaus also explained that the defendant had numerous failed marriages, all
involving domestic violence. According to Dr. Stanislaus, the defendant’s social history and
poor functioning ability increased his risk level of “reengaging” in sexual violence.
¶ 21 Similar to Dr. Cuneo, Dr. Stanislaus opined, to a reasonable degree of psychiatric
certainty, that the defendant was an SDP and, if not confined, it was substantially probable
that he would reoffend in the future. Dr. Stanislaus diagnosed the defendant with sexual
sadism because he became intensely sexually aroused when nonconsenting persons
physically or psychologically suffered; antisocial personality disorder, which was exhibited
by the defendant’s callousness, lack of remorse, and inability to value the rights of others;
and other psychotic disorders. She explained that the defendant’s mental disorders affected
his volitional capacity and increased his propensity to commit sexual offenses. Lastly, after
conducting a Static-99 risk analysis, she concluded that the defendant’s likelihood to
reoffend was 2.7 times greater than the typical sex offender.
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¶ 22 C. D.B.
¶ 23 D.B. testified to the following. D.B. started dating the defendant in March 2014, and the
two were married on May 23, 2014. Three days later, after she refused the defendant sex, he
pressed his hands over her nose, preventing her from breathing for 30 to 45 seconds, until her
nose bled. She sought medical treatment at a local hospital several days later where it was
determined that her nose was broken. According to D.B., when she refused to perform oral
sex, which he demanded nearly every day, he “smack[ed]” her until she complied. When she
did perform oral sex on him, the defendant forced her head down until she could not breathe.
D.B. recounted several instances where he called her a whore and strangled her after she
refused to have sex. When D.B. and the defendant did have sex, it sometimes started as
consensual, but he would often force her to have anal sex. In fact, she explained that the
defendant “ejaculated much quicker” during violent, nonconsensual sexual acts. Lastly, in
January 2015, he used a bandana to gag her, bound her hands and forced her into a kneeling
position, and then beat her with a belt and raped her.
¶ 24 During the trial, the State admitted certified copies of the defendant’s prior convictions
and presented police officer testimony regarding the defendant’s admissions during the
corresponding investigations. The circuit court found that the State had proven beyond a
reasonable doubt that the defendant was an SDP, as defined by the Act. The court committed
the defendant to the custody of IDOC for care and treatment. On August 27, 2016, the
defendant filed a motion for new trial, which the court denied. The defendant filed a timely
notice of appeal.
¶ 25 II. Analysis
¶ 26 The sole issue on appeal is whether the State failed to prove beyond a reasonable doubt
that the defendant met the criteria of an SDP. In particular, the defendant asserts that the
State failed to meet its burden where there was no evidence that he committed any acts of
sexual sadism while incarcerated for 10 years. In support, the defendant alleges that he
“controlled himself for at least a decade.”
¶ 27 The State has the burden to prove beyond a reasonable doubt that a defendant is an SDP.
725 ILCS 205/3.01 (West 2014). Under section 1.01 of the Act, an SDP is defined as
follows:
“All persons [(1)] suffering from a mental disorder, which mental disorder has
existed for a period of not less than one year, immediately prior to the filing of the
petition hereinafter provided for, coupled with [(2)] criminal propensities to the
commission of sex offenses, and [(3)] who have demonstrated propensities toward
acts of sexual assault or acts of sexual molestation of children ***.” 725 ILCS
205/1.01 (West 2014).
Our supreme court has construed the term “ ‘mental disorder,’ as used in the [Act], to mean a
congenital or acquired condition affecting the emotional or volitional capacity that
predisposes a person to engage in the commission of sex offenses and results in serious
difficulty controlling sexual behavior.” People v. Masterson, 207 Ill. 2d 305, 329 (2003).
“Thus, a finding of sexual dangerousness premised upon the elements of section 1.01 of the
[Act] [citation] must hereafter be accompanied by an explicit finding that it is ‘substantially
probable’ the person subject to the commitment proceeding will engage in the commission of
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sex offenses in the future if not confined.” Masterson, 207 Ill. 2d at 330. While proceedings
under the Act are civil in nature, the State’s burden of proof is beyond a reasonable doubt.
725 ILCS 205/3.01 (West 2014).
¶ 28 Since a circuit court’s finding that a defendant was an SDP is one of fact, a “reviewing
court will affirm the judgment, after considering all of the evidence introduced at trial in the
light most favorable to the State, if it determines that any rational trier of fact could have
found the essential elements to be proved beyond a reasonable doubt.” In re Detention of
Hunter, 2013 IL App (4th) 120299, ¶ 44. Moreover, a reviewing court will not substitute its
judgment, “ ‘unless the evidence is so improbable as to raise a reasonable doubt that the
defendant is a sexually dangerous person.’ ” Hunter, 2013 IL App (4th) 120299, ¶ 44
(quoting People v. Bailey, 405 Ill. App. 3d 154, 171 (2010)).
¶ 29 On appeal, the defendant argues that both Drs. Cuneo and Stanislaus admitted that he did
not meet one of the qualifications for a diagnosis of sexual sadism and each testified that he
did not commit any acts of sexual sadism for more than 10 years while he was incarcerated.
However, the record more precisely demonstrates that Drs. Cuneo and Stanislaus diagnosed
the defendant with SSD and antisocial personality disorder, even though there was no proof
that the defendant committed acts of sexual sadism while incarcerated. In particular, Dr.
Cuneo testified that someone “can be a sexual sadist and still control [their] actions.”
Additionally, Dr. Cuneo explained that whether an individual was able to control his or her
sadistic behavior in certain situations—here, prison—was not an element of SSD. Similarly,
Dr. Stanislaus explained that the defendant was in a “contained environment” and
“intensively supervised and monitored” while incarcerated. Moreover, even though the
defendant did not reoffend while incarcerated, Dr. Stanislaus emphasized that his criminal
records showed that he had reoffended immediately following his release from prison on
several occasions.
¶ 30 Additionally, Drs. Cuneo and Stanislaus both opined, to a reasonable degree of medical
and psychiatric certainty, that it was substantially probable that, if not confined, the
defendant would engage in future sex offenses. According to both expert doctors, the
likelihood of the defendant reoffending was greater when opportunities, such as alcohol or
drugs, were present, which the defendant could not access during his incarceration.
Moreover, both doctors administered statistical tests to determine the defendant’s likelihood
of reoffending. Following Dr. Cuneo’s administration of the MnSOST-R screening tool, he
determined that there was a 73% chance that the defendant would reoffend within five years.
Dr. Stanislaus conducted a Static-99 risk analysis and concluded that the defendant’s
likelihood to reoffend was 2.7 times greater than the typical sex offender. As such, the record
demonstrates that the circuit court found the unrebutted testimonies of Drs. Cuneo and
Stanislaus credible, as they were well qualified and reasoned in their conclusions. See In re
Detention of Tittlebach, 324 Ill. App. 3d 6, 11 (2001) (trial court was responsible for
assessing witness credibility, resolving conflicts in evidence, and drawing reasonable
inferences from the evidence).
¶ 31 After considering the record in its entirety, we conclude that the circuit court could have
reasonably found that the State proved beyond a reasonable doubt that the defendant met the
criteria of an SDP under the Act. As stated in detail above, there was overwhelming evidence
to support the expert doctors’ opinions that the defendant suffered from SSD and antisocial
personality disorder, which affected his emotional and volitional capacity and predisposed
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him to engage in the commission of sex offenses. Additionally, the evidence strongly
supports the court’s conclusion that it was substantially probable that, if not confined, the
defendant would engage in the commission of future sex offenses.
¶ 32 III. Conclusion
¶ 33 For the reasons stated, we affirm the circuit court of Wayne County finding the defendant
an SDP and committing him to the custody of the IDOC for care and treatment.
¶ 34 Affirmed.
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