People v. Schoonover

This case presents question as to whether Appellate Court properly reversed defendant’s conviction on three counts of predatory criminal sexual assault of child, where trial court barred members of defendant’s family from courtroom during minor victim’s trial testimony. Appellate Court, in finding violation of defendant’s right to public trial, noted that trial court had failed to comply with section 115-11 of Code of Criminal Procedure because trial court had failed to inquire as to whether members of defendant’s family had direct interest in case, and because, even though defendant had not preserved instant error for review, trial court’s failure to comply with section 115-11 was structural, constitutional error that required reversal of his conviction. In its petition for leave to appeal, State argued that defendant’s constitutional right to public trial was not implicated because: (1) media was not removed from trial; (2) closure was limited to duration of child’s testimony; and (3) defendant failed to show that closure prevented him from having fair trial. (Dissent filed.)