Illinois Appellate Court
Criminal Court
Pretrial Release
Defendant appealed from a trial court order denying pretrial release, arguing that he was denied an opportunity for a fair detention hearing where the prosecutor failed to tender information required under section 110-6.1(f)(a) of the Code of Criminal Procedure. The appellate court agreed and remanded for a new detention hearing, finding that the prosecutor should have tendered the police report from a prior aggravated unlawful use of a weapon case even though the defense may have had access to the report through other means. The court also concluded that the prosecutor was not required to tender video recorded statements to the defendant because the State did not have possession of the video recordings. (MIKVA and LYLE, concurring)