People v. Simpson
Annotate this CaseSimpson was convicted of first degree murder in connection with the2006 beating death of Thomas. At defendant’s 2010 trial Franklin testified that he was near the crime scene on the date of the murder, but did not recall what defendant said to him or what he told police that night. The state then admitted Franklin’s videotaped statement to police in which he stated that defendant told him that he had hit the victim 30 times with a bat. The state emphasized the statement in its closing argument. The appellate court reversed and remanded, finding that defense counsel was ineffective in failing to object to the introduction of Franklin’s statement where the “personal knowledge” requirement for admission of a prior inconsistent statement was not satisfied under 725 ILCS 5/115-10.1(c)(2). The Illinois Supreme Court affirmed; for a prior inconsistent statement to be admissible under section 115-10.1, the witness must have actually perceived the events that are the subject of the statement, not merely the statement of those events made by the defendant.
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