Defendant was convicted, after jury trial, of aggravated DUI. Court committed structural error when, in response to jury's request during deliberations to view video of Defendant's field sobriety tests for a 2nd time, the court had the jury watch the video in the courtroom while the court, the Defendant, counsel for Defendant and for the State, and 2 alternate jurors were present. The presence of these persons was inherently intimidating and necessarily impeded or inhibited jurors' free discussion and deliberation. Court abuses its discretion if it allows jury to review evidence in a manner that improperly inhibits the jury's deliberations. If a court grants a jury's request to review audio or video evidence during deliberations, the only acceptable practice is to arrange for the jury to view the evidence in private by bringing a device such as a laptop into the jury room, as the viewing constitutes a part of the deliberations. (McDADE, concurring; CARTER, dissenting.)
Illinois Appellate Court
Criminal Court
Aggravated DUI