Defendant was convicted, after bench trial, of aggravated battery and aggravated domestic battery by strangulation of his ex-girlfriend. Court did not violate Defendant's confrontation rights by applying forfeiture by wrongdoing hearsay exception to admit victim's prior out-of-court statements into evidence. State proved, by a preponderance of the evidence, that Defendant's wrongful communications with victim, trying to pressure her to not testify or to change her testimony, caused her to be unavailable so as to render her statements admissible under that exception. Court did not abuse its discretion in sentencing Defendant to 16 years; Defendant had extensive criminal history, and court considered aggravating and mitigating factors. (REYES and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Hearsay