Defendant was convicted, after bench trial, of 2 counts of aggravated battery based on the striking and burning of a child, whose mother was a codefendant and tried in a separate and simultaneous jury trial trial. The trial court's viewing of recorded interviews of the child by police and by a forensic interviewer, in chambers, during a pretrial section 115-10 hearing, was not a critical stage of Defendant's trial and did not affect Defendant's ability to defend himself. Multiple witnesses testified at trial about Defendant's abuse and torture of the child. Defendant affirmatively waived his right to be present when court viewed the interviews, as defense counsel agreed to the viewing in chambers. Defendant is bound by his counsel's waiver as it did not involve a fundamental right. (HOWSE and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Hearsay