People v. Basile

Defendant was charged with one count of criminal sexual assault. The defendant moved to dismiss the indictment on the grounds that he was denied due process when the investigating officer, in response to a question from a juror during the grand jury testimony, implied that the defendant had confessed. The circuit court granted the defendant’s motion and the State appealed. The appellate court affirmed, finding that the grand jury testimony created the false inference that the defendant had confessed, the State had a duty to correct the false testimony, the testimony likely swayed the outcome of the grand jury, and the defendant was not required to establish that the State acted intentionally in presenting deceptive or inaccurate evidence. (HUTCHINSON and JORGENSEN, concurring)