Illinois Appellate Court
Criminal Court
Spoliation of Evidence
Defendant was charged with unlawful delivery and unlawful possession of controlled substance. During lengthy pretrial delays, parties learned that the substance in question had been destroyed at the conclusion of a codefendant's case. Inadvertent destruction of the evidence in this case, where court declined to impose a discovery sanction and found that no party had acted in bad faith, did not deprive Defendant of due process.
(ZENOFF and SCHOSTOK, concurring.)