(Court opinion corrected 11/23/20.) Defendant, age 17 at time of offenses, was convicted, after jury trial, of 1st degree murder and aggravated battery with a firearm; he was sentenced to aggregate term of 66 years. During trial, 2 jurors learned outside fo court that Defendant's father had tried to have 2 of the State's key witnesses killed so they would be unable to testify. Defendant met his burden to show that the outside information 2 jurors in the case were exposed to related to issues in the case, so there was a "probability" of prejudice to Defendant.This information likely appeared to the 2 jurors to be an overt attempt to influence the outcome in Defendant's favor. Thus, a presumption of prejudice arose that cannot be viewed as harmless, and thus a new trial is warranted. (CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Jury