Defendant's wife went missing in 1990 and was never found. Defendant was convicted, after jury trial, of 1st-degree murder. Court admitted evidence that, 17 years after wife's disappearance, 3 detector dogs alerted to scent of human remains on a rug found buried in outdoor area of horse farm where State contended Defendant had buried her. Overwhelming evidence of Defendant's guilt rendered any potential error harmless beyond a reasonable doubt. Prosecutor did not mention human-remains-detector-dog evidence in his initial closing argument and mentioned it only briefly in rebuttal, in response to defense counsel's argument. Defense counsel drew attention to it repeatedly, but prosecutor's restraint diminished any prejudicial effect of the evidence. Court admitted evidence of detector dog upon finding State's expert to be qualified and credible and the science to be generally accepted in its related field.( BIRKETT, concurring; HUTCHINSON, specially concurring.)
Illinois Appellate Court
Criminal Court
Frye Hearing