Defendant was convicted, after jury trial, of 1st degree murder and attempted 1st degree murder and sentenced to total 58 years. Cumulative effect of multiple trial errors resulted in a pervasive pattern of unfair prejudice that deprived Defendant of a fair trial. In opening statement, State improperly sought to pit good, in form of victim, against evil, in form of Defendant; court allowed witness, who made 911 call after seeing stabbing victim in the street, to cry hysterically throughout her testimony, resulting in some on jury crying, without any attempt to cure prejudice; and court allowed highly inflammatory 911 recording to be played during that witness’ testimony. Defendant’s fitness hearing did not satisfy his due process rights, as court did not make independent inquiry as to Defendant’s fitness. (GORDON and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Fitness