People v. Stevens
23 N.E.3d 344
Ill.2015Background
- Defendant Mark Stevens was convicted of aggravated criminal sexual assault in Cook County and challenged on appeal that he was compelled to testify about a pending charge against him (R.G.) in cross-examination, violating the Fifth Amendment.
- The State sought to admit other-crimes evidence under 115-7.3(b) to show propensity, motive, identity, and lack of consent related to R.G.
- At trial, B.P. testified to a 2002 assault by Stevens; cross-examination revealed Stevens’ inconsistencies about that event.
- Stevens testified on direct about a consensual encounter with B.P.; he then faced cross-examination about R.G. in relation to the pending charge.
- The trial court allowed cross-examination about R.G.; the appellate court affirmed the ruling, and this Court granted review.
- The Court held that cross-examining Stevens about R.G. did not violate the Fifth Amendment because he opened himself up to cross-examination and the questions were proper to test credibility and the consent defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cross-examination about the pending R.G. assault violated the Fifth Amendment. | Stevens opened himself to cross-examination by testifying about B.P.; cross-exam allowed to test credibility. | Cross-exam beyond direct scope; violated privilege because related to a pending case and not waived. | Not violated; cross-examination proper to test credibility and consent. |
Key Cases Cited
- Williams v. Williams, 66 Ill. 2d 478 (Illinois 1977) (limited cross-examination allowed to develop circumstances precluding direct testimony)
- Provo v. People, 409 Ill. 63 (Illinois 1951) (cross-examination may explain intent and corroborate direct testimony)
- Nachowicz v. People, 340 Ill. 480 (Illinois 1930) (waiver concept when partial disclosures may compel further testimony; relevance to cross-examination scope)
- Geidras v. People, 338 Ill. 340 (Illinois 1930) (cross-examination improper when topics weren’t tested on direct and prejudicial)
- People v. Burris, 49 Ill. 2d 98 (Illinois 1971) (recognizes cross-examination to test credibility and motive)