Defendant was convicted of predatory criminal sexual assault and aggravated criminal sexual abuse of a victim under age 13. Judge did not err in failing to sua sponte remove a potential juror for cause who stated that she knew a police officer who appeared in video interview but who was not a witness.Defense counsel declined to challenge that person for cause or even to question her about her relationship with police officer. No ineffective assistance of counsel if defense counsel's failing to challenge, as Defendant received a fair trial and there is no reasonable probability that, but for counsel's failure to challenge, outcome of trial would have been different. No error in jury watching video interview in presence of 2 neutral nonjurors (a clerk and a bailiff), or in jury starting to watch video before judge decided what they would be permitted to see, or in one juror having gone to use the restroom when the video began. (OVERSTREET and BOIE, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault