In re T.W., a Minor 

Illinois Appellate Court
Civil Court
Juvenile Sex Offenders
Citation
Case Number: 
No. 1-09-0197
Decision Date: 
Wednesday, June 30, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
HOWSE
(Court opinion corrected 7/9/10.) Respondent minor was adjudicated a delinquent upon conviction for aggravated criminal sexual abuse and aggravated criminal sexual assault upon 6-year old child in men's locker room at YMCA swimming pool area. No ineffective assistance of counsel by his attorney, from Evanston Community Defender's Officer, failing to recuse himself because that office could not pay for a DNA expert; defense counsel subjected State's expert to thorough cross-examination, including testimony that State's expert could not tell how seminal stain got onto child's swimsuit; and overwhelming nature of DNA evidence and victim's unrebutted testimony such that reasonable probability does not exist that any mistakes in strategy or tactics by counsel would have resulted in different outcome. (FITZGERALD SMITH and LAVIN, concurring.)