Defendant was found guilty of two counts of aggravated battery. During trial a witness testified in a manner than conflicted with statements he gave at a police interview that was recorded shortly after the incident, but the trial court barred trial counsel from using the recording. On appeal, defendant argued that the trial court erred by excluding evidence for use to impeach the testimony regarding the altercation that gave rise to the charges and that trial counsel was ineffective for failing to introduce the recording as substantive evidence. The appellate court reversed and remanded for a new trial, finding that the excluded evidence should not have been barred and that counsel should have used the rules of evidence to admit the statement substantively. (TAILOR and GAMRATH, concurring)
Illinois Appellate Court
Criminal Court
Evidence