People v. Burgund

Illinois Appellate Court
Criminal Court
Fair Trial
Citation
Case Number: 
2016 IL App (5th) 130119
Decision Date: 
Tuesday, November 22, 2016
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Reversed and remanded.
Justice: 
STEWART

Defendant was convicted, after jury trial, of 5 counts of predatory criminal sexual assault of a child and was sentenced to natural life. Court improperly excluded testimony that would have supported Defendant's false confession defense, which denied Defendant his right to a fair trial. State's case was heavily dependent on credibility of Defendant's confession and credibility of Defendant's ex-wife and her mother, who both claimed that they had God-gifted, supernatural powers of "discernment". Evidence suggesting that ex-wife had bias, interest, or motive was not a collateral matter. (CHAPMAN and CATES, concurring.)