Defendant was convicted, after jury trial, of aggravated assault, aggravated fleeing or attempting to elude a peace officer, and DUI. A clear or obvious error occurred where court required jury to view and listen to video and audio recordings of arrest in the courtroom in presence of the parties, their attorneys, and the trial judge, as the presence of these 3rd parties chilled jury deliberations. Prejudice is presumed, and the error is structural, warranting reversal of convictions. Court violated Defendant's right to confrontation by barring him from questioning officer as to potential negative consequences to his employment if his shooting of Defendant were determined to be unjustified. The cross-examination otherwise permitted did not sufficiently allow Defendant to present his theory that officer had motivation to testify falsely to protect his employment. Court abused its discretion in barring defense counsel from cross-examining officers about their failure to write police reports, as this was relevant to their credibility as witnesses(WRIGHT, specially concurring; SCHMIDT, dissenting.)
Illinois Appellate Court
Criminal Court
Jury Deliberations