Illinois Appellate Court
Civil Court
Evidence Depositions
Circuit court found that a bona fide doubt existed as to Defendant's fitness to stand trial, and found Defendant unfit and remanded him to custody of Department of Human Services. Later reports from DHS indicated that Defendant would be unable to attain fitness within 1 year. Discharge hearing occurred, and court did not act arbitrarily or unreasonably in allowing state to introduce evidence deposition as substantive evidence in lieu of live testimony of a witness, age 86 and wheelchair bound, whose identity Defendant allegedly stole. Bringing witness to the courthouse from her nursing home presented a clear risk to her already fragile health. (HOLDRIDGE and LYTTON, concurring.)