People v. Rottau

Illinois Appellate Court
Criminal Court
Sexual Assault
Citation
Case Number: 
2017 IL App (5th) 150046
Decision Date: 
Thursday, March 30, 2017
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed and remanded in part.
Justice: 
GOLDENHERSH

Defendant was convicted, after jury trial, of 4 counts of predatory criminal sexual assault of a child (age 11), and sentenced to 32 year and 3 years mandatory supervised release. Court properly admitted victim's out-of-court videotaped statements through former interviewer at Child Advocacy Center. Court properly admitted victim's out-of-court statement through testimony of counselor who wrote report, based on her conversation with child at hospital, where victim was taken after she first reported the abuse. Court properly prohibited defense counsel from cross-examining victim about certain diary entries, as defense counsel disclosed he was in possession of diaries only 5 days prior to trial although he admitted he had possessed them for years. (CATES and OVERSTREET, concurring.)