People v. Grant

This case presents question as to whether trial court properly denied defendant's motion for new trial on aggravated criminal sexual assault and criminal sexual assault charges, where: (1) defendant was convicted of said offenses in 2004 and received 14-year sentence; (2) in 2013, defendant moved for forensic testing of hair and victim's fingernail scrapings; and (3) at hearing on motion for new trial, it was revealed that all forensic evidence in defendant's case had been destroyed in 2007 pursuant to local police policy.  Appellate Court, in reversing trial court, found that: (1) 2007 destruction of all forensic evidence violated 725 ILCS 5/116-4(a), which required that all forensic evidence be retained until defendant had completed his 14-year sentence; and (2) legislature intended section 116-4(a) to be mandatory, and that State's failure to comply with said statute required vacatur of defendant's convictions. Appellate Court further found that upon any retrial, jury must be given instruction that State's failure to preserve forensic evidence could be construed against State. (Dissent filed.)