Illinois Appellate Court
Criminal Court
Vindictive Prosecution
(Court opinion corrected 9/14/11.) Defendant was convicted, after bench trial, of aggravated battery to peace officer and resisting or obstructing peace officer, from physical altercation between Defendant, police officer, and detention aide at police station. TIming of prosecution, which was after Defendant had filed a civil rights suit alleging excessive force in her arrest, is itself insufficient to carry burden of proof in establishing actual vindictiveness of prosecution. Court properly restricted cross-examination to relevant issues. (PUCINSKI and STERBA, concurring.)