People v. Johnson

Defendant, then age 17, was convicted, after jury trial, with criminal sexual abuse of his 14-year-old girlfriend who was later found to be pregnant and who stated that the two had consensual intercourse. Judge told parties, after verdict, that during the deliberations the jury had sent a note saying that they were deadlocked 11 to 1, and the judge sent a note telling them to continue deliberating. Judge had not earlier informed parties or attorneys of these notes. Defendant did not object at the time of this revelation, but prevailed on the issue on appeal. No plain error, as the evidence was not closely balanced, and the judge's comment to the jury was not so serious that it affected the fairness of the trial or challenged the integrity of the judicial process. (FITGERALD, THOMAS, GARMAN, and KARMEIER, concurring; BURKE and FREEMAN, dissenting.)