Defendant was convicted, after jury trial, of 1st degree murder, armed robbery, home invasion, and residential burglary. State presented evidence showing that officer recovered a knit hat containing a rock at crime scene, and that the hat arrived in sealed condition at lab, and that swabbing and cutting from the hat that lab technicians took was later received and analyzed by ISP forensic scientist; thus, there was not a complete breakdown in chain of custody of that evidence.No ineffective assistance of counsel in counsel's failure to raise foundational challenge to hat's admissibility, as court likely would not have sustained such a challenge. As basis of forensic scientist's opinion was a matter for cross-examination, expert's failure to disclose it on direct examination did not undermine foundation of her testimony. Defense counsel's decision not to request specific verdict forms was likely a strategic decision immune from ineffective assistance of counsel claim. (HOFFMAN and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Evidence