People v. Theis

(Court opinion corrected 1/11/12.) Defendant was convicted of predatory criminal sexual assault of two-year-old boy. Court properly admitted Defendant's videotaped interrogation; testimony and rebuttal closing argument as to Defendant's body language in video did not violate Defendant's right to remain silent, as Defendant, in giving statements in interview, had not remained silent. Detective's alleged hearsay statements during video were admissible, and Defendant's confrontation rights were not implicated, as detective was subject to cross-examination. Detective's statements in video about his opinion that Defendant was guilty was admissible, as they were made in context of interview, to explain logic of interview and Defendant's answers. (SCHOSTOK and HUDSON, concurring.)