Defendant was convicted, after bench trial, of aggravated battery of a child. The victim was an infant in her care who sustained permanent injuries. Defense counsel provided deficient representation in failing to adequately cross-examine the State's expert pediatrician witness as to the bases for his opinions. Defense counsel failed to advance the theory of alternative explanation of the infant's injuries through defense expert pediatric neurologist's direct testimony, and failed to capitalize on the significance of findings that contradicted State's expert's explanation of infant's injuries. Defense counsel's failures fall below the threshold of constitutionally mandated assistance of counsel. Defendant was prejudiced by these failings, as there is a reasonable probability that this led to a different outcome. Remanded for new trial. As the evidence was close, no double jeopardy bar to retrial. (ZENOFF and JORGENSEN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel