Defendant was convicted, after jury trial, of 2 counts of aggravated battery. Court erred when it admitted, as substantive evidence under section 115-10.1 of Code of Criminal Procedure, a witness's prior inconsistent statement. When witness denied making the statement at issue, his denial concluded the matter, and the prior statement could not be used as substantive evidence. Court erred when it admitted, under section 115-12 of the Code, a police detective's testimony describing the witness's prior photographic identification of Defendant. This admission of detective's testimony permitted State to bypass requirements of section 115-10.1 and admit as substantive evidence witness's prior statement to police. Evidence was not overwhelming, increasing the likelihood the erroneous admissions prejudiced Defendant. (ZENOFF and SCHOSTOK, concurring.)
Illinois Appellate Court
Criminal Court
Witnesses