People v. Young, 996 N.E.2d 671

Defendant was charged in June 2010 with three counts of aggravated criminal sexual abuse involving two minor girls.
A 115-10 hearing admitted the victims’ out-of-court statements; the court reviewed the DVDs outside defendant’s presence with counsel’s acquiescence.
Defendant was present at the 115-10 hearing and later argued against admissibility of the DVD statements.
Defendant filed a motion to suppress his February 2011 confession after Miranda warnings and a waiver; testimony conflicted on whether he invoked counsel.
Trial court found defendant did not invoke the right to counsel and that his confession was admissible; three aggravated-criminal-sexual-abuse convictions followed from a November 2011 bench trial.
Defendant appeals, arguing (i) absence at the DVD viewing violated his right to be present at a critical stage, and (ii) suppression was warranted because he invoked counsel; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
DVD viewing outside presence violated right to presence?	People contends the viewing was not a critical stage and defense waived	Young argues absence from viewing violated his right to be present at a critical stage	Not a critical stage; waiver; affirmed
Admission of confession after invocation of right to counsel?	People asserts following Miranda waiver, confession was admissible	Young asserts he invoked counsel and confession should be suppressed	Confession admissible; waiver valid; affirmed

Lofton v. Illinois, 194 Ill. 2d 40 (2000) (right to be present at critical stages; waiver analysis)
Stroud v. United States, 208 Ill. 2d 398 (2004) (critical-stage presence and absence fairness; not per se violation)
Gonzalez v. United States, 553 U.S. 242 (2008) (counsel’s authority to manage trial as to evidentiary issues)
United States v. Olano, 507 U.S. 725 (1993) (standard for waivers of rights; trial-management decisions by counsel)