Criminal Law

Admission of child victim's hearsay statements proper, per Section 11-10 of Code permitting hearsay of child victim under age 13, as there was no corroborative evidence of act, and because Defendant's argument that child did not testify and was unavailable for cross-examination of inconsistent with position Defendant took in trial court. Child did appear at trial and testified under oath about Defendant touching him, and defense counsel chose not to cross-examine child.

Mens rea applicable to charge of possession of defaced weapons is knowledge, and knowledge required applies only to possessory component of offense, as the mere possession of defaced weapons is the evil sought to be deterred by the offense. ID marks on shotgun had been scratched off; State was not required to prove knowledge of character of firearm.

Defendant convicted of murder and attempted murder after shooting at nightclub parking lot; both victims were Army staff sergeants on leave. Proper for trial court to have denied defense motion in limine to prohibit State's witnesses from testifying in uniform, as credibility of witnesses unlikely to be unfairly bolstered by their appearance in military uniform. Substantial evidence of Defendant's guilt, including that one victim was shot a second time while lying on the ground, and jury viewed Defendant's recorded statement with implausible and contradictory accounts refuted by forensic evidence.

Defendant adequately preserved objection to repeated references to gang activity as improper evidence of motive, by filing written reply brief in response to State's motion in limine to allow gang references, for limited purpose of explaining why witnesses recanted and by objecting in written postconviction petition. Exception to allow evidence of prior consistent statement where recent fabrication is alleged applies only to prior consistent statements made after alleged motive to fabricate arose. Introduction of more than one statement inconsistent with a witness's trial testimony is proper, regardless of whether such statements are consistent with each other.