People v. Hayden

Illinois Appellate Court
Criminal Court
Sexual Assault
Citation
Case Number: 
2018 IL App (4th) 160035
Decision Date: 
Monday, December 3, 2018
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Reversed and remanded.
Justice: 
CAVANAGH

(Court opinion corrected 12/4/18.) Defendant was convicted, after jury trial, of 2 counts of predatory criminal sexual assault of a child and sentenced him to natural-life imprisonment. Court committed reversible error by denying Defendant's motion for severance of charges. One victim (friend of Defendant's stepdaughter) is alleged to have been assaulted in 2015, and another victim (Defendant's stepdaughter) in 2012. These were 2 separate and distinct incidents involving 2 separate and distinct persons, and not parts of same comprehensive transaction. As charges were misjoined, much bolstering hearsay evidence was admitted that would have been inadmissible if charges were severed. These cumulative hearsay statements could have persuaded jury to overlook weaknesses in State's case, and were prejudicial to Defendant. (HARRIS, concurring; STEIGMANN, dissenting.)