People v. Little

Defendant and 3 police officers engaged in confrontation in parking lot of a sports bar. Details of confrontation were thoroughly disputed at trial. After close of evidence, court continued case without hearing closing arguments, and when case was eventually recalled 3 months later, court immediately announced its findings, that officers were more credible than defense witnesses, and found Defendant guilty of several of the charged counts.  Reopening a bench trial after a premature judgment preserves a defendant's constitutional right to make a closing argument, unless the record shows that trial judge was unable or unwilling to give defense counsel's belated argument all due consideration before finalizing its judgment of guilt. Defendant was then convicted, after bench trial was reopened, of aggravated battery of a peace officer and criminal damage to government-supported property. Court could reasonably find that testifying officers were more credible than Defendant and his witnesses.(FITZGERALD SMITH and HOWSE, concurring.)