Defendant was found guilty and sentenced to consecutive terms of nine years for predatory criminal sexual assault of a child, nine years for aggravated criminal sexual assault, and three years for aggravated criminal sexual abuse for a total prison term of 21 years. The appellate court affirmed, finding that the trial court properly admitted out-of-court statements made by defendant’s younger sister and the victim during a video recorded, victim-sensitive interview because the victim testified and was available for cross-examination at trial. The supreme court also affirmed, finding that the victim’s availability as a witness at trial and being subjected to cross-examination did not violate the confrontation clause even though she testified that did not remember her prior statements. (NEVILLE, THEIS, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring. ROCHFORD took no part in the decision)
Illinois Supreme Court
Criminal Court
Confrontation Clause