People v. Patterson

Defendant, then age 15, was charged with three counts of aggravated criminal sexual assault, after sexually assaulting 25-year-old staff member of residential facility who was driving him home from family visit. Pursuant to Illinois automatic transfer statute, case was transferred from juvenile court to criminal court, where Defendant was tried as an adult, convicted on all counts, and sentenced to 36 years. Appellate court reversed. Appellate court erred in excluding Defendant's confession, as police made reasonable attempt to notify a proper person, as required by statute. Statute does not require actual notice prior to start of police questioning, and does not require presence of a concerned adult at questioning. Victim's sexual history was not admissible on remand under "constitutional necessity" exception to state rape shield statute, due to inadequacy of original defense offer of proof. Automatic transfer statute is not unconstitutional. (GARMAN, FREEMAN, THOMAS, KARMEIER, and BURKE, concurring; THEIS, dissenting.)