Defendant was convicted of predatory criminal sexual assault of a child and aggravated kidnapping. Defendant's right to confront his accusers was not violated by the recording of child victim's interview at Child Advocacy Center being admitted into evidence. Victim was available for cross-examination for purposes of the confrontation clause. She took the witness stand and willingly answered questions posed by State and defense counsel. Her testimony that she could not remember what happened during the period of time when she was molested, her lack of memory did not render her unavailable for cross-examination. The belief of a lay witness that Defendant had a "mental disability" does not establish that Defendant suffered from an intellectual disability.(LYTTON, concurring; McDADE, specially concurring.)
Illinois Appellate Court
Criminal Court
Confrontation