Defendant was indicted on 2 counts of predatory criminal sexual assault of a child (his daughter, then age 6). Jury had authority to determine how to weigh victim's in-court testimony denying touching commit against testimony of victim's mother and victim's recorded statement describing touching. Evidencew was sufficient to prove Defendant guilty beyond a reasonable doubt. Section 115-10 of Criminal Code, which allows testimony to be admitted as exception to hearsay rule, in prosecutions for physical or sexual act against child under age 13, is not to be narrowly construed. Court's order was sufficiently detailed in granting State's motion to admit hearsay statements under Section 115-10. Once a witness with personal knowledge of filmed object testifies that film is accurate portrayal of what it purports to show, the video recording is admissible substantively, and no further foundation evidence is required. (HOLDER WHITE, concurring; TURNER, specially concurring.)
Illinois Appellate Court
Criminal Court
Sexual Abuse