Defendant was convicted, after bench trial, of delivery of a controlled substance (heroin) and sentenced to 10 years. Defendant was denied his right to a fair trial when court precluded and limited his introduction of tattoo evidence, as it was crucial to his misidentification defense. Court erred when it ruled the tattoo on his left arm was irrelevant, and did not permit buy officer to acknowledge the tattoos on either of his arms, and precluded him from demonstrating the transaction with the buy officer, and improperly compelled him to show his right forearm facing down during partial in-court demonstration. Court denied Defendant a meaningful opportunity to present his defense and confront witnesses against him.(HOWSE, concurring; BURKE, dissenting.)
Illinois Appellate Court
Criminal Court
Fair Trial