Defendant was convicted, after bench trial, of harassment in violation of order of protection obtained against him by his girlfriend, whose prior statement was admitted under statutory exception to hearsay that she was "unavailable for cross-examination" at trial. Defendant claimed violation of his 6th amendment right to confrontation. To be admitted, an out-of-court statement must satisfy a hearsay exception and a defendant's sixth amendment rights. Girlfriend persisted in her refusal to testify as to some questions, but did answer preliminary questions at trial and answered some questions about offense of conviction in her statement at trial. Thus, hearsay exception and sixth amendment were satisfied, and her statement was properly admitted. (REYES, concurring; McBRIDE, specially concurring.)
Illinois Appellate Court
Criminal Court
Orders of Protection