(Court opinion corrected 7/19/19.) Defendant was convicted, after bench trial, of misdemeanor battery, misdemeanor resisting a peace officer, operating an unsafe vehicle, DUI, and negligent driving. Court paused proceedings to watch squad car video of traffic stop in chambers, in presence of defense counsel and the assistant state's attorney. Defendant's absence from video viewing affected the trial's fairness because she was unable to view evidence against her and aid in her own defense, and impacted her fundamental right to testify in her own defense. Neither court nor defense counsel informed Defendant that she had a right to be present during presentation of video, but informed her that she would not be present. (PUCINSKI, concurring; LAVIN, dissenting.)
Illinois Appellate Court
Criminal Court
Due Process