Defendant was convicted, after jury trial, of attempted first degree murder of police officer and aggravated battery of another police officer. Court's failure to instruct jury on State's burden to disprove Defendant's justification for his use of force in self-defense was plain error. Court did not abuse its discretion in concluding after in camera inspection that confidential records of complaints against the arresting police officers were not admissible at trial or subject to disclosure. Court used proper review procedure and did not err in its decision as to remoteness and irrelevancy of information in OPS (Office of Professional Standards) files. As to 9 files of both officers that were not too remote in time, allegations of misconduct were completely distinct from present case, and all claims were unfounded or not sustained by sufficient evidence.(REYES and PALMER, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions