Court adjudicated Respondent minor, now age 15, delinquent upon allegations that Respondent committed aggravated criminal sexual assault and criminal sexual assault against his 7-year-old nephew. Court allowed victim to testify by whispering to the judge answers to State’s direct examination, and the judge then stating aloud what victim had whispered to him. This ad hoc courtroom procedure was a clear and obvious violation of Respondent’s right to confrontation. Court was presented with opposing versions of events with no extrinsic evidence to corroborate or contradict either version. Error in procedure precluded Respondent from opportunity to hear victim’s testimony to determine whether his answers should be subject to cross-examination, and directly impacted Respondent’s ability to contest victim’s credibility. (TURNER and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Confrontation