People v. Leak 

Illinois Appellate Court
Criminal Court
Hearsay
Conspiracy
Citation
Case Number: 
No. 1-07-3374
Decision Date: 
Friday, February 26, 2010
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
McBRIDE
Defendant, a police officer, was convicted of first degree murder and of having hired another to commit murder for money. Co-defendant was tried in simultaneous but separate jury trials, before two separate juries. Harmless error in allowing testimony of another alleged coconspirator as to statements made by co-Defendant per coconspirator exception to hearsay, as statements were made in furtherance of conspiracy. Statements were not just narratives of past crime, but explained how co-Defendant recruited another to kill victim, and were as to attempts at concealment and how to escape. No grounds for mistrial based on ASA's testimony that Defendant invoked his right to counsel during postarrest interview, as court immediately ordered comment stricken, and no further testimony on subject occurred.