Defendant was convicted, after jury trial, of 4 counts of predatory criminal sexual assault of a child, for sexual offenses against his daughter, age 9. Court erred in precluding Defendant’s former girlfriend from testifying about victim’s statements to Defendant after her phone call with her mother, but error does not rise to level of plain error. Court erred in excluding that testimony as hearsay, as it was victim’s belief in an invitation from her mother to stay with her, rather than the existence of that invitation, that was relevant. Evidence was not critical to defense that victim fabricated crimes out of anger at Defendant’s refusing to let her visit her mother, as it would not have dramatically changed trial. (BURKE, concurring; McLAREN, specially concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault