People v. Becker
239 Ill. 2d 215
| Ill. | 2010Background
- Becker charged with predatory criminal sexual assault of a child and criminal sexual assault involving his three-year-old daughter, O.B.
- A 115–10 hearing was held to test reliability of O.B.'s out-of-court statements and the trial court admitted most but excluded one expert (Dr. Okla) testimony.
- The four statements at issue spanned April–September 2003, including a videotaped July 1 interview.
- Dr. Okla opined O.B.’s statements and memory could be tainted by suggestive questioning and ongoing therapy.
- The circuit court excluded Okla’s expert testimony at trial but admitted the statements under 115–10 safeguards; appellate court reversed on the expert issue and questioned some statements.
- This Court reverses the appellate court and affirms the circuit court’s judgment, upholding the trial court’s evidentiary rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by excluding Dr. Okla’s testimony | Becker | Becker | No abuse; exclusion permitted to avoid usurping jury credibility role. |
| Whether the September 19, 2003 statement was admissible | State | Becker | Appellate error on admissibility reversed; statements deemed harmless if improperly admitted. |
| Whether admitting September 19 statements was harmless error | State | Becker | Harmless error; cumulative, duplicative of other admitted evidence; no impact on verdict. |
Key Cases Cited
- People v. Enis, 139 Ill.2d 264 (1990) (balance probative value against prejudice; expert only when necessary and beyond juror knowledge)
- People v. Cardamone, 381 Ill.App.3d 462 (2008) (admission of expert testimony supported by victim testimony; not mere generalities)
- People v. Wilson, 246 Ill.App.3d 311 (1993) (limited applicability of expert testimony on child witness credibility)
- People v. Gilliam, 172 Ill.2d 484 (1996) (experts not required for common knowledge; voluntary limits on expert testimony)
- People v. Kokoraleis, 132 Ill.2d 235 (1989) (credibility questions should be resolved by jury; improper to have expert comment)
- People v. Urdiales, 225 Ill.2d 354 (2007) (limits on expert testimony that would exalt expert beyond juror understanding)