People v. Grant

Defendant was charged in 2004, and was convicted, after jury trial, of aggravated criminal sexual assault. Eight years later, the Illinois Innocence Project filed a motion for forensic testing on Defendant's behalf. At hearing on motion, police officers testified that all forensic evidence in the case had been destroyed in 2007 pursuant to department policy. Court did not err in denying defense counsel's motion for new trial or judgment notwithstanding the verdict, finding that police did not act in bad faith. Evidence was destroyed as a matter of policy. (LYTTON, concurring; McDADE, dissenting.)