Defendant was convicted, after jury trial, of aggravated battery with a firearm, unlawful use or possession of a weapon by a felon, and reckless discharge of a firearm. During deliberations, jurors asked to listen, again, to the audio recording of victim's statement to officers, to read a transcript of victim's statement, or both. Court allowed jurors to choose between listening to the recording in the courtroom without the parties present, or waiting for a transcript to be created. Jurors chose to listen to the recording. Court did not interfere with jury deliberations by instructing jurors to remain silent while the audio recording played and preventing jurors from controlling the playback of the recording, as deliberations did not place during that time. (DAUGHERITY and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Jury Deliberations