In re Kenneth W.

Illinois Appellate Court
Criminal Court
Juvenile Sex Offenders
Citation
Case Number: 
2012 IL App (1st) 101787
Decision Date: 
Friday, February 17, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed.
Justice: 
R.E. GORDON
(Court opinion corrected 3/23/12.) Respondent, age 15, was charged with aggravated criminal sexual abuse and criminal sexual abuse of his four-year-old neice, and was adjudicated a delinquent and sentenced to indeterminate term of custody until his 21st birthday. Court ruled that Respondent was capable of making a knowing and intelligent waiver of his Miranda rights, in resolving credibility conflict of two psychologists by finding one's conclusions more persuasive than the other. Victim's statements to her father were nontestimonial, and father's testimony about statements did not violate confrontation clause. Evidence against Respondent was overwhelming, and thus no reasonable probability that trier of fact would have acquitted Respondent absent potential error in admitting detective's testimony about other out-of-court statements made by victim. (GARCIA and LAMPKIN, concurring.)