People v. Thompson

(Court opinion corrected 4/29/16.) Defendant was convicted of violating Methamphetamine Control and Community Protection Act, after jury trial at which court admitted lay opinion identification testimony of 4 witnesses, pursuant to Rule 701 of Illinois Rules of Evidence.  Witnesses identified Defendant as the person depicted in surveillance video or still photos taken from crime scene, showing theft of anhydrous ammonia and tampering with equipment at ag supply facility. Opinion identification testimony is admissible under Rule 701 if the testimony is rationally based on perception of witness and testimony is helpful to clear understanding of witness's testimony or determination of a fact in issue. A showing of sustained contact, intimate familiarity, or special knowledge of the Defendant is not required. Lay identification testimony is admissible under these principles as long as its probative value outweighs any prejudice under Rule 403. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)