Illinois Appellate Court
Criminal Court
Fair Trial
Defendant was convicted of 11 counts of criminal sexual assault, and argued that his conviction must be reversed because current State's Attorney's extrajudicial statements about the case deprived him of a fair trial, and a special prosecutor should have been appointed. Statements made by State's Attorney during his election campaign, in public appearance and on his website, were directed entirely at his predecessor's alleged errors in drafting search warrant as to Defendant, and no evidence was presented that State's Attorney personally instigated the case or was involved in it to extent that he exceeded his role as prosecutor. Thus, statements did not deprive Defendant of a fair trial and did not create appearance of impropriety sufficient to compel that special prosecutor be appointed.
(JORGENSEN and HUDSON, concurring.)