People v. Leach 

Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
No. 1-07-1448
Decision Date: 
Friday, November 12, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
TOOMIN
(Court opinion corrected 2/23/11.) Defendant was convicted, after bench trial, of first degree murder of his wife. Defendant's confrontation rights were not abridged by the admission of autopsy findings of a forensic pathologist, since retired, who did not testify at trial. Defendant gave videotaped confession that he had choked his wife to death in their home. Data compiled by pathologist was not admitted for purpose of proving truth of his findings at trial, but instead was used to provide basis for and explain ultimate conclusion of the deputy medical examiner who did testify at trial. Findings were equally contributing elements of medical examiner's opinions as to cause and manner of death and "undoubtedly aided" trial judge in assessing this aspect of State's case. Bar of hearsay does not apply to autopsy report, per Section 115-5.1 of Code of Criminal Procedure. (FITZGERALD SMITH and O'MARA FROSSARD, concurring.)