Defendant was convicted of murder after jury trial. Before voir dire, court refused to allow Defendant's step-grandmother to remain in courtroom due to worries about possible juror contamination and courtroom's small gallery size, as 45 potential jurors would be brought in to courtroom. Court's refusal violated right to a public trial, and as it was structural error, conviction is reversed on that ground. Size of courtroom, or number of potential jurors who are summoned to a courtroom, do not constitute an "overriding interest". If right to a public trial extends to voir dire, then exclusion of step-grandmother was a complete denial of that right. Court failed to make findings that she was likely to contaminate the venire. Defense counsel had no obligation to offer reasonable alternatives.(NEVILLE and MASON, concurring.)
Illinois Appellate Court
Criminal Court
Right to Public Trial