After retrial, 2 separate juries found Defendants guilty of 1st-degree murder of 1 person and 2 counts of attempted murder as to 2 other persons. Court erred in denying Defendants' requests to impeach testimony (of 1 shooting victim) from 1st trial with his affidavit recanting his identification of Defendant as the person who shot him. Court's skepticism of victim's recantation was not a proper basis to exclude the affidavit. As circumstantial evidence was weak and eyewitness accounts were problematic, exclusion of affidavit was not harmless. Court erred in admitting witness' prior consistent statements as to circumstances of her out-of-court identifications of both Defendants. Statement was intended to bolster witness' identical direct examination and to cause jury to disregard her admission that she could not see the facial features of the offenders. (BIRKETT and McLAREN, concurring.)
Illinois Appellate Court
Criminal Court