People v Cunningham

Defendant was convicted of aggravated criminal sexual abuse. Two overhears that recorded conversations between Defendant and his daughter, the alleged victim, were admitted into evidence at bench trial. Trial judge was not required to recuse himself after approving overhear application, hearing evidence, and holding private interview with victim, as no evidence of improper or ex parte communications. Order directed that recording be sealed stated that court determined that conversations were within court's Order, and parties jointly stipulated to admission of recordings. State timely made discovery disclosure to Defendant, and State's lack of exact compliance with notice requirements did not require suppression, as reasoning, safeguards and purpose of notice were satisfied. (HOLDRIDGE and McDADE, concurring.)