People v. Butler

Summary

The Illinois Supreme Court affirmed the defendant’s convictions and held that the victim’s recorded interview was admissible under the child-hearsay statute because the victim testified at trial, answered substantive questions under oath, and was available for cross-examination despite memory loss and denials. The court also held that admission of the testimonial statements did not violate the confrontation clauses because the defendant had an opportunity to cross-examine the victim, and the Constitution does not require effective cross-examination to succeed in the manner or extent the defense desires. The court expressly overruled the contrary analysis requiring a child witness to accuse the defendant at trial.