Defendant was convicted, after jury trial, of predatory criminal sexual assault fo a child and criminal sexual assault of his daughter and stepdaughter. State committed clear error when, during closing argument, it misstated the law regarding hearsay and then compounded that with the implication that was why the witnesses were not called. It is error to suggest that evidence of guilt existed which, because of Defendant's objection, cannot be brought before the jury. Credibility of both victims was challenged in that the defense elicited testimony that both had denied that the abuse occurred when they were questioned about it 7 years earlier; there was no physical evidence; and there was no 3rd-party testimony putting Defendant with either victim. Evidence was closely balanced for purposes of plain error analysis. (McDADE, concurring; SCHMIDT, dissenting.)
Illinois Appellate Court
Criminal Court
Sexual Assault