People v. Gibson

Defendant was convicted, after bench trial, and sentenced to life in prison, for 1989 murders of 2 persons. Key evidence in State's case was an incriminating admission Defendant made to Area 3  detectives under command of Jon Burge.  Two of the accused officers invoked their 5^th-amendment rights against self-incrimination. Circuit court declined to draw an adverse inference against those two officers, although court had no defensible reason to so decline. This error could have changed outcome of hearing. Evidentiary hearing on a claim referred by Torture Inquiry and Relief Commission (TIRC) is a “postconviction hearing”, within meaning of Rule 1101, and thus Rules of Evidence do not apply.  (BURKE and GORDON, concurring.)