Defendant was convicted of 2 counts of attempted 1st degree murder and 2 counts of aggravated battery with a firearm. One victim testified at trial that Defendant was the shooter. The other victim, who did not testify at trial, submitted an affidavit years later unequivocally stating that he was speaking with Defendant just before the shooting when someone other than Defendant shot him. He also stated that he told detectives that Defendant was not the shooter and that he was unaware of Defendant's trial and would have testified that Defendant was not the shooter had he known about the trial. Detective testified that he searched for this victim for 30-45 days prior to trial and could not find him. Affidavit meets the criteria for newly discovered evidence; it is of such conclusive character that it would probably change the result on retrial. (ELLIS, specially concurring; McBRIDE, dissenting.)
Illinois Appellate Court
Criminal Court
Witnesses