People v. Brewer 

Illinois Appellate Court
Criminal Court
Experts
Citation
Case Number: 
No. 1-07-2821
Decision Date: 
Thursday, June 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
SALONE
Defendant was convicted, after jury trial, of first degree murder and that he personally discharged a firearm that proximately caused the victim's death. Court properly allowed publication of co-Defendant's videotaped prior consistent statement as substantive evidence. Co-Defendant testified at trial consistently with material on tape, and unlikely that verdict would have been different but for admission of tape. Court was within its discretion in barring defense expert from testifying at trial as to Defendant's police-related PTSD, as she had no opinion whether Defendant's PTSD affected voluntariness of his inculpatory statement to police, and had last seen Defendant several weeks prior to shooting. (LAVIN and STERBA, concurring.)