Defendant was convicted of 2 counts of predatory criminal sexual assault of a child and 1 count of aggravated criminal sexual abuse, all involving his girlfriend's daughter, then age 8-9. Section 115-11 of Criminal Code, which allows court to exclude from proceedings while victim is testifying, all persons who, in the court's opinion, do not have a direct interest in the case, except the media, applies to this case. Court physically moved trial to chambers. Court had authority to exclude people from courtroom while victim was testifying, per Section 115-111, without satisfying the more stringent limitations established by U.S. Supreme Court for closure of judicial proceedings. Court violated Defendant's due process rights by keeping Defendant in shackles, pursuant to court's blanket policy, during his trial without court having first determined that it was necessary, by conducting Boose analysis;. This was plain error, as evidence was closely balanced. (WRIGHT, concurring; McDADE, specially concurring.)
Illinois Appellate Court
Criminal Court
Due Process