Defendant was convicted, after jury trial, of 3 counts of predatory criminal sexual assault of a child, who was his niece, under age 13 at time of offenses. Trial court made partial and temporary closure and exclusion of spectators from courtroom during minor victim's testimony, without making an express determination as to whether each spectator asked to leave during the closure had a direct interest in the case. Trial court did not violate section 115-11 of Code of Criminal Procedure, nor did it violate Defendant's 6th amendment right to a public trial when it effectuated a partial and temporary closure of a courtroom during a minor sex victim's testimony pursuant to section 115-11. Trial court did not "close" the trial, and court did not exclude the media. Spectators were only temporarily excluded during victim's first round of testimony. (A. BURKE, THEIS, M. BURKE, OVERSTREET, and CARTER, concurring.)
Illinois Supreme Court
Criminal Court
Sixth Amendment