People v. Torres, 2012 IL 111302

Torres was convicted of first-degree murder after a bench trial and sentenced to 20 years.
The State sought to admit Pena's preliminary-hearing testimony at trial because Pena was unavailable.
Defense argued Pena's cross-examination at the preliminary hearing was inadequate, violating confrontation.
Pena testified at the 1983 preliminary hearing; at trial, Pena was unavailable due to deportation and inability to locate.
Appellate Court reversed, concluding Pena's testimony was improperly admitted and not harmless; the State sought review.
Illinois Supreme Court affirmed the appellate court, holding admission of Pena's testimony violated confrontation and was prejudicial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Pena's preliminary-hearing testimony was admissible.	People	Torres	No; admission violated confrontation.
Whether Pena's unavailability was established.	People	Torres	Not determinative; unavailability not adequately proven.
Whether there was adequate prior cross-examination of Pena.	People	Torres	No; defense had inadequate opportunity to cross-examine.

Tennant v. People, 65 Ill.2d 401 (Ill. 1976) (former testimony admissible when witness unavailable and cross-examined)
Horton v. People, 65 Ill.2d 413 (Ill. 1976) (adequate cross-examination required; not merely opportunity)
Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (unavailability and prior opportunity to cross-examine required)
Rice v. State, 166 Ill.2d 35 (Ill. 1995) (motive and focus of cross-examination matter for admissibility)
Sutherland v. People, 223 Ill.2d 187 (Ill. 2006) (two-prong test: unavailability and adequate cross-examination)