Hearsay rule can counter missing man

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 6, 2019 3:44 PM

Because investigators couldn’t find Lebraun Graham when William Fillyaw and Johnny Parker were retried on charges they murdered Lasondra Shaw and attempted to murder Graham and Ernest Hughes, the judge permitted prosecutors to read to jurors a transcript of Graham’s testimony from the first trial — but the judge refused to let the defendants impeach Graham’s credibility (under Illinois Rule of Evidence 806) with an affidavit that retracted his initial accusations.“No published decision in …

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