People v. Burman

Illinois Appellate Court
Criminal Court
Closing Argument
Citation
Case Number: 
2013 IL App (2d) 110807
Decision Date: 
Wednesday, March 27, 2013
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed as modified.
Justice: 
BURKE
Defendant was convicted, after jury trial, of two counts of aggravated criminal sexual abuse, for sexual touching of two boys in his swim class. State's comment, in closing argument, that kids disappear in front of their parents was a direct response to defense argument that State had failed to produce eyewitness to crimes, and was thus a reasonable invited response to defense argument that because pool was well-lit, yet no one witnessed the touching, that the offenses did not occur. That State made isolated, brief comments about reasonable doubt were unlkely to mislead the jury, as jury was properly instructed. Court properly tailored closure of courtroom, during minor's testimony, and no one sought to enter courtroom during trial, thus no violation of right to a public trial. (McLAREN and HUDSON, concurring.)