Defendant was convicted, after jury trial, of 4 counts of 1st degree murder in shooting deaths of 2 people. Court properly denied Defendant's motion for new trial based on newly discovered evidence, and based on testimony provided at hearing. Evidence and all witness testimony could have been discovered prior to trial through due diligence and would not likely change result on retrial. Defendant was not prejudiced by State's comments on rebuttal that a guilty verdict was the only way to make Defendant accept responsibility for what he did, and that jury should tell him that his murdering days are over. Most comments were invited by closing, and viewed in context and in their totality were not so prejudicial as to deny Defendant a fair trial. No ineffective assistance of counsel where defense counsel's failure to introduce DNA evidence was a valid trial strategy and not unreasonable. (HYMAN and MASON, concurring.)
Illinois Appellate Court
Criminal Court
Fair Trial