People v. Peterson

Defendant was charged with two counts of first degree murder for death of his third wife. Circuit court erred in denying State's motion in limine to admit certain hearsay statements under common law doctrine of forfeiture by wrongdoing. Statutory hearsay exception (Section 115-10.6 of Code of Criminal Procedure) for intentional murder of a witness, for which reliability is an element, is in direct conflict with common law doctrine of forfeiture by wrongdoing, which is now codified as Rule 804(b)(5) of Illinois Rules of Evidence, for which reliability is not an element. Conflict is resolved in favor of Rule of Evidence. (SCHMIDT, concurring; CARTER, specially concurring.)