SPRINGFIELD, Ill. (WAND) — A Chicago man is asking the Illinois Supreme Court to reverse his conviction or grant a new trial over questionable evidence that was used to convict him. Sidney Butler argues his half sister's victim-sensitive interview should not have been used during trial after she could not recall any incidents of sexual assault during cross-examination.
Butler was convicted of aggravated criminal sexual assault, aggravated criminal sexual abuse and predatory criminal sexual assault of his half sister and was sentenced to 21 years behind bars.Â
The only evidence of sexual assault was provided through out-of-court statements made during a victim-sensitive interview, the judge found reliable after a hearing and assurances from the prosecutor that she would testify. However, his sister did not testify to any instances of sexual assault and could not remember accusing Butler of sexual assault during the interview.
"It is not defense counsel's job to refresh the memory of the state's witness," said Assistant Appellate Defender Maria Harrigan. "This was the state's witness. She did not remember anything about the incident or the interview."
The sensitive interview was conducted while Butler's sister was nine years old, and significant time had passed, as the trial started when she was 17.Â
The Illinois Attorney General's office said she appeared at trial and took the oath to testify truthfully. They note that she answered detailed questions about the abuse previously reported and about her statements provided.
She specifically remembered that she was at a child advocacy center answering questions about abuse that she suffered at the hands of her father several days prior.
"She was also asked, 'Do you remember talking about anything anyone else did to you?' She agreed that she had made some accusations about the defendant specifically," said Assistant Attorney General Erin O'Connell. "She just didn't testify to the substance of what those accusations were, and at that point she testified that she didn't remember."
The Attorney General's office hopes justices affirm the circuit court's judgment.Â
The Illinois Supreme Court took this case under advisement. Justices are expected to release their opinion in the coming months.Â
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