Defendant was convicted, after jury trial, of criminal sexual assault and aggravated criminal sexual abuse of minor who was on school bowling team for which he was an assistant coach.Court's comments, during jury instructions, that jury would not not be afforded multiple smoking breaks were not improper, and the prompt verdict is not evidence that jury reached its verdict under any form of duress, given significant evidence against Defendant, including a video recording of his confession. The statutory scheme of lifetime penalties to which sex offenders are subjected constitutes punishment under 8th amendment and proportionate penalties clause. Punishment is not unconstitutionally disproportionate as applied to Defendant, especially as Defendant was 25 years older than victim and was in a position of authority over victim. (LYTTON, concurring; WRIGHT, specially concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions