Defendant was convicted, after jury trial, of 4 counts of predatory criminal sexual assault of a child under age 13 and 2 counts of aggravated criminal sexual abuse of a victim under age 13. Based on totality of evidence, it was reasonable for jury to infer that Defendant had used his finger to penetrate on more than 1 occasion, and to convict on counts of penetration. Evidence was closely balanced. At trial, victim was unable or unwilling to tell the same story she earlier told the section 115-10 witnesses, whose testimony was largely consistent, as was that of Defendant and his witnesses. One seated juror was not asked if she understood and accepted any of the Zehr principles. Thus, judgment reversed, and remanded for new trial. NO double jeopardy impediment, as evidence was sufficient to convict Defendant beyond a reasonable doubt. (BIRKETT and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault