People v. Martinez

Defendant was convicted, after bench trial, of predatory criminal sexual assault and aggravated criminal sexual abuse of his 8-year-old minor daughter. Court allowed victim to testify in courtroom via a closed-circuit TV at trial, while Defendant was in a nearby room where he could sit and hear victim's testimony, and there was an intercom system that allowed Defendant to communicate, in real time, with his attorney. Court followed stringent requirements of section 115-11 of Code of Criminal Procedure prior to excluding certain persons from the courtroom during victim's testimony, and court did not deprive Defendant of his right to a public trial. Social worker who conducted victim's VSI (victim sensitive interview) was subject to in-court cross examination about the video, and thus Defendant's right to confrontation was not violated. As Defendant viewed the VSI and was aware of its contents prior to deciding to testify in his own defense, and thus there is no evidence that court's private viewing of VSI video prevented Defendant from assisting in his own defense or from making a fully informed decision to testify. (FITZGERALD SMITH and COBBS, concurring.)