Woman, age 77, was found at bottom of her basement stairs, and told police and paramedics that her son had pushed her over a first-floor railing, causing her to fall to the basement. Court granted State's immediate request to take evidence deposition of injured woman, although defense counsel had just entered case. Woman died 3 months later. Son's case went to bench trial 6 years later, during which evidence deposition was admitted into evidence. Allowing woman's evidence deposition to be taken on emergency basis was reversible error. Admitting evidence deposition at trial violated Defendant's constitutional rights to confront witnesses, as his counsel did not have adequate opportunity to cross-examine woman at deposition.(PIERCE and NEVILLE, concurring.)
Illinois Appellate Court
Criminal Court
Confrontation