(Court opinion corrected 4/20/21.) Defendant, proceeding pro se, was convicted, after jury trial of possession with intent to deliver over 900 grams of cocaine, aggravated battery of a peace officer, and aggravated fleeing or attempting to elude a peace officer. There was prejudicial error in the manner in which trial court played the video for jury during deliberations, and it was egregious enough to be 2nd-prong plain error. The failure to allow for proper jury deliberations and the resulting prejudice was clearly serious, undermined fairness of trial, and challenged integrity of the judicial process. The video's poor quality required that jury be given at least some control over the replay, and court's admonishment not to overemphasize the video invaded the jury's exclusive factfinding role. A vest with police markings can, under certain circumstances, constitute a police uniform under the statute. There was sufficient evidence on this element to sustain Defendant's conviction. (McLAREN adn BRENNAN, concurring.)
Illinois Appellate Court
Criminal Court
Jury Deliberations