Motion delays bench trial of double-rape suspect Brenton Cleveland

SYCAMORE – The rape trial of Brenton W. Cleveland has been delayed by a motion his lawyers will file to ensure defense witness testimony will be allowed at trial.

Cleveland, 19, of the 34700 block of Glidden Road, Kingston, is charged with sexual abuse and criminal sexual assault stemming from incidents involving two separate victims at his parents’ home in May 2016. The incidents occurred at a party for Cleveland's 18th birthday, police have said. The first of two bench trials was supposed to begin Thursday with testimony from a 17-year-old defense witness. The witness was in court, but Cleveland's lawyers were granted a continuance.

“I spoke with Ms. Caplan last night about prior sexual relations had by one of the complaining witnesses, which brings up the rape shield situation, which might or might not affect [the witness],” said lawyer Gary Johnson, of Camic Johnson Ltd., which has a Sycamore office. “I don’t think it’s fair to go forward without that issue resolved.”

Illinois' rape shield law prohibits the disclosure of evidence about a victim's past sexual history at trial, unless it involves the defendant or is constitutionally required.

The trial was originally expected to start Thursday, but when Johnson and Cleveland's other lawyer, St. Charles-based R. James Haule, said they'd bring in an expert witness, Assistant State's Attorney Alicia Caplan was granted more time to prepare. As things stand, a hearing has been set for May 1, and Chief Judge Robbin Stuckert asked that the motion be filed in advance so she can rule on it that afternoon.

Opening statements and the bulk of the testimony is expected to be heard June 26 to June 28. Ortiz is expected to testify at 1:30 p.m May 11. While defense witnesses usually testify after the prosecution rests, the 17-year-old said Thursday morning that he's leaving May 21 for military duty.

According to a statement from a 16-year-old girl’s father, she went into Cleveland’s house the night of the party to use the bathroom, court records show. Cleveland pushed his way into the bathroom and closed and locked the door before assaulting her, the father’s statement said. It also claims Cleveland only stopped when the girl fell to the floor, and that he left her lying there.

Cleveland also is accused of forcefully touching and assaulting a 15-year-old girl, according to court documents.

If convicted of the most serious charge, criminal sexual assault by force, Cleveland could be sentenced to four to 15 years in prison. He also would have to register as a sexual predator for life.