People v. Sykes
972 N.E.2d 1272
Ill. App. Ct.2012Background
- Defendant Duane L. Sykes was charged by information with misdemeanor theft for allegedly depriving Bergner’s department store of $100 on December 20, 2008.
- Loss-prevention manager Thuney testified regarding Bergner’s policy to leave a $200 starting fund and that the register was $100 short.
- Thuney reviewed the day’s surveillance video and narrated activities from the original VHS, which the State later published as a DVD (video admitted without defense objection).
- During closing, the State emphasized Thuney’s view of the clearer VHS, suggested the defendant took money, and highlighted differences in video quality between the VHS and the published DVD.
- Defendant was convicted on January 6, 2010, and the trial court later denied posttrial motions; on appeal, the conviction was reversed due to plain error and insufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thuney’s narration of the video violated the silent witness theory | People contends the video is substantive evidence; Thuney’s narration properly aided the jury | Sykes argues Thuney lacked personal knowledge and invaded the jury’s province with lay opinion | Plain error; narration improper; reversal of conviction |
| Whether the State’s closing arguments compounded the error | People asserts closing emphasized the video and Thuney’s testimony as definitive | Sykes argues closing lacked basis in evidence and improperly bolstered credibility | Plain error; reversal of conviction |
| Whether the evidence sufficed to prove corpus delicti beyond a reasonable doubt | State contends the DVD and Thuney’s testimony established theft | Sykes argues absence of proof that Bergner’s property was missing or that he controlled it | Insufficient evidence; corpus delicti not proven; conviction reversed |
Key Cases Cited
- People v. Starks, 119 Ill. App. 3d 21 (1983) (lay opinion on video identification can be admissible when personal knowledge exists and aids the jury)
- People v. Owens, 394 Ill. App. 3d 147 (2009) (identification testimony of a lay witness may be admissible with personal knowledge and noninvasiveness)
- People v. Furby, 138 Ill. 2d 434 (1990) (corpus delicti and sufficiency of evidence analysis in theft cases)
- People v. Bennett, 152 Ill. App. 3d 762 (1987) (insufficient corpus delicti where starting funds and amount missing cannot be proven by personal knowledge)