Defendant was convicted, after jury trial, of 1st degree murder. Counsel was not ineffective for failing to ask court to instruct jury that a witness is not required to speak to an attorney or an attorney's investigator before testifying. The testimony at issue did not show that witness refused to speak with the prosecutors or their investigators, ut instead showed that she did speak with them and that she told a story inconsistent with her trial testimony. This testimony was unlikely to unfairly lead jurors to hold Defendant's exercise of his right to remain silent against him. Defendant's unsolicited statement to detective was admissible in spite of his invocation of his right to remain silent until counsel was present. State's commentary on this admissible statement was not improper. Defense counsel's decision to counter State's argument, rather than object, was sound trial strategy. (WELCH and OVERSTREET, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions