Defendant was convicted, after jury trial, of 2 counts of predatory criminal sexual assault of his daughter, then age 11. Court never asked whether jurors understood the State's burden to prove Defendant guilty beyond a reasonable doubt or the fact that Defendant was not required to present evidence on his own behalf. Thus, the court committed error.Statements by 2 witnesses were hearsay statements made by child victim. Court erred in failing to give IPI Criminal 4th No. 11.66. State erred when it said, in rebuttal, that the cunning nature of sexual predators is something "we" see on a daily basis, and when it asked jury in closing what kind of message it would send to victims if Defendant was acquitted. Cumulative effect of errors, as case is closely balanced, requires new trial.(STEIGMANN and KNECHT, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault