Defendant was convicted, after jury trial, of 3 counts of predatory criminal sexual assaul t of a child. Defendant testified at trial that "everybody lies to the police", in response to prosecutor asking detective to explain why lying to a suspect is a useful interrogation technique. In context, statement was not an attack on Defendant's credibility. Defendant reopened and initiated further conversation with police immediately after invoking right to counsel, thus knowingly waiving his right to presence of counsel during questioning. Defendant's statement "I guess they found my DNA on that girl" was unsolicited and spontaneous, and thus admissible. Remanded for preliminary Krankel inquiry on Defendant's allegations of ineffective assistance of counsel, as no record exists of Defendant's statements to court claiming ineffective assistance of counsel. (GOLDENHERSH and OVERSTREET, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault