Defendant was charged with intentionally setting fire to an apartment building and was convicted, after jury trial, of 7 counts of 1st degree murder and sentenced to natural life in prison. No violation of Defendant's 5th amendment rights in court conditioning the admission of psychiatrist expert testimony as to Defendant's mental state when he gave an inculpatory statement upon Defendant's submission to an examination by a State expert. Court had legitimate and well-founded concerns about the introduction and use of defense expert's report and proposed testimony in the manner desired by defense counsel, without the State having any opportunity to meaningfully respond to or test that evidence. Court did not err in failing to strike State's expert arson investigator's testimony that the fire was intentionally set using an accelerant and open flame. State provided sufficient evidence to show that facts or data expert relied upon were of a type reasonably relied upon by experts in the field of fire investigation, and there was adequate foundation for expert's opinion. (ELLIS, concurring; HOWSE, specially concurring.)
Illinois Appellate Court
Criminal Court
Expert Witnesses