People v. Connors
2017 IL App (1st) 162440
| Ill. App. Ct. | 2017Background
- On Nov. 5, 2013, Trooper Dustin Forney stopped Chris Connors for erratic driving; Connors failed field sobriety tests and refused a breath test; charged with DUI.
- Connors demanded a speedy trial; multiple continuances followed through early 2015, several at the State’s request; Forney repeatedly failed to appear at trial dates the prosecutor requested.
- Connors requested ADAS evaluations and multiple status dates to pursue plea discussions; after those negotiations failed, parties set trial dates and Connors repeatedly answered ready.
- On Oct. 21, 2015 (after the statutory 160‑day speedy‑trial period had run), the State sought a 60‑day extension under 725 ILCS 5/103‑5(c) because Trooper Forney was unavailable; the prosecutor admitted communications were through a “third person” and he had difficulty contacting Forney.
- The trial court granted the 60‑day extension, denied Connors’s motion to dismiss for speedy‑trial violation, convicted Connors following a bench trial, and sentenced him; Connors appealed.
- The appellate court reversed, holding the State failed to show due diligence in securing its only witness and thus abused its discretion in granting the 60‑day extension; court directed discharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly granted a 60‑day extension under 725 ILCS 5/103‑5(c) after the 160‑day speedy‑trial term expired | State: It exercised due diligence to secure Trooper Forney (communications and subpoenas attempted) | Connors: State failed to show due diligence; prosecutor made insufficient efforts to contact Forney despite repeated missed trial dates | Reversed: State did not act with due diligence; 60‑day extension was improper and conviction vacated |
Key Cases Cited
- People v. Looney, 46 Ill. App. 3d 404 (appellate court 1977) (sufficiency of record for appellate review on speedy‑trial issues)
- People v. Terry, 312 Ill. App. 3d 984 (appellate court 2000) (trial court’s grant of continuance reviewed for abuse of discretion)
- People v. Battles, 311 Ill. App. 3d 991 (appellate court 2000) (State bears burden to prove due diligence)
- People v. Exson, 384 Ill. App. 3d 794 (appellate court 2008) (due diligence requires meaningful efforts to secure witness before speedy‑trial term expires)
- People v. Shannon, 34 Ill. App. 3d 185 (appellate court 1975) (vacating conviction where prosecutor made belated, inadequate efforts to obtain unavailable police witnesses)
- People v. Jung, 192 Ill. 2d 1 (supreme court 2000) (procedural briefing requirements and citation practice)