People v. Smith
2014 IL App (1st) 113265
Ill. App. Ct.2014Background
- Defendant Smith was convicted of first-degree murder based largely on eyewitness identifications and circumstantial evidence.
- A gray sweatshirt and gloves were found in the van where the murder weapon was discarded; the gloves were inside the sweatshirt pouch.
- DNA testing on the sweatshirt and gloves was not performed at trial.
- Defendant moved under 725 ILCS 5/116-3 for postconviction DNA testing arguing it could yield noncumulative, materially relevant evidence of innocence.
- The circuit court denied the motion; on appeal, the appellate court reviews de novo the denial of forensic testing.
- The court must decide whether the requested testing is potentially materially relevant to actual innocence and whether the evidence has proper chain of custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DNA testing on the sweatshirt and gloves can be ordered. | Smith | Smith | Yes, to the extent potentially relevant. |
| Whether testing would produce material, noncumulative evidence of innocence. | State | Smith | Yes, results could materially advance innocence claim. |
| Whether the evidence meets criteria related to prior testing and availability. | State | Smith | Current statute allows testing where not previously tested. |
| Whether identity was an issue and testing has proper custody. | State | Smith | Yes, identity was contested and custody was proper. |
Key Cases Cited
- People v. Barker, 403 Ill. App. 3d 515 (2010) (whether testing unavailable at trial governs access under 116-3(a)(2))
- People v. Savory, 197 Ill. 2d 203 (2001) (DNA testing can be materially relevant depending on trial context)
- People v. Johnson, 205 Ill. 2d 381 (2002) (DNA testing can advance actual innocence when no inculpatory admissions exist)
- People v. Urioste, 316 Ill. App. 3d 307 (2000) (insanity/identity defenses affect eligibility for testing)
- People v. Gecht, 386 Ill. App. 3d 578 (2008) (DNA testing not necessarily material where evidence is strong without it)
- People v. Barrow, 2011 IL App (3d) 100086 (2011) (DNA testing not materially relevant when inculpatory statements exist)