People v. Becker

Defendant was convicted, after bench trial, of predatory criminal sexual assault of a child and criminal sexual assault, the alleged victim being his three-year old daughter. On appeal, convictions were overturned, the court having found that Defendant received ineffective assistance of counsel. Court properly excluded, at subsequent jury trial, the expert testimony of defense psychologist expert as to reliability/credibility of hearsay statements made by child to her mother. Expert testimony would have, for practical purposes, instructed jury to disregard child's statements, even though expert had not interviewed child, and would improperly involve one witness commenting on the credibility of another witness. Expert's observations as to child's susceptibility to suggestion were within ken of average juror. Defendant could have apprised jury of circumstances of child's statements through other witnesses, and expert's testimony was of limited probative value. (KILBRIDE, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)