Defendant was convicted, after jury trial, of 1st degree murder, attempted 1st degree murder, and unlawful use of a weapon by a felon. Facebook messages between Defendant and another person, although they give rise to inference that Defendant was contemplating committing a crime, related to a crime or bad act (murder) that occurred 4 days later. Thus, messages do not constitute other crimes evidence under Rule 404(b) and show no apparent danger of undue prejudice. Facebook messages between Defendant and other persons were probative of many elements, and were highly probative and not substantially outweighed by danger of undue prejudice. Court properly admitted Facebook messages between Defendant and another person under business records exception to hearsay, as certificate eof authenticity provided by Facebook authorized custodian of records and filed by State complied with Rule 902(11), and thus provided necessary foundation. (HOLDRIDGE and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Hearsay