In re Brandon P.

Brandon, then 14 years old, was charged by petition for adjudication of wardship with aggravated criminal sexual abuse of his cousin M.J., then three years old, 720 ILCS 5/12-16(c)(2)(i).” M.J. was unable to testify. The state gave notice and offered statements that M.J. made to her mother and to Detective Hogren, of the Danville police department that “Brandon put that stuff in his mouth on her vagina which made her vagina hurt and Brandon put his finger in her vagina” and that “Brandon put his finger in her vagina which made her feel bad and Brandon spit on her vagina and put his penis on her at Uncle Mike’s.” Following an adjudicatory hearing, the circuit court found him guilty and sentenced him to the Illinois Department of Juvenile Justice for an indeterminate period not to exceed the period for which an adult could be committed for the same act, or the date of his twenty-first birthday, whichever came first. The appellate court affirmed. The Illinois Supreme Court affirmed, holding that error in admitting Detective Hogren’s hearsay testimony was cumulative of "overwhelming' properly admitted testimonial evidence and did not contribute to the adjudication of guilt.View "In re Brandon P." on Justia Law