Defendant was convicted, after jury trial, of 1st degree murder by personally discharging a firearm proximately causing death and of 2 counts of armed robbery with a firearm. Court admitted defense expert testimony on eyewitness identifications, and expert testified to various factors that could affect weight of identification testimony. Although court barred expert from testifying as to exonerations, he testified that hiss opinions were derived from experiments and "confirmed in real crimes with real witnesses outside the laboratory." Court did not bar defense from sufficiently explaining basis of experts opinions so that jury could evaluate or weigh his opinions appropriately. Court did not abuse its discretion in balancing the defense's interest in fully explaining basis for expert's opinions against State's interest in not having prejudicial factor of exonerations in other cases put before jury. (MIKVA and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Criminal Court
Witnesses