People v. Burtron

In People v. Burtron, 376 Ill. App. 3d 856, 862, 877 N.E.2d 87, 315 Ill. Dec. 600 (2007), the court found that the trial court did not abuse its discretion when it declared a mistrial after defense counsel engaged in a pattern of conduct which resulted in numerous sidebars and admonitions from the trial judge about counsel's conduct and which culminated when defense counsel stated, in the presence of the jury, that the defendant would be willing to submit to a polygraph exam by the State Police. Burtron, 376 Ill. App. 3d at 858-59, 866. In distinguishing the case from those in which the trial court made a hasty decision to declare a mistrial, the court noted that "a cognizance of defense counsel's many indiscretions and their potential impact on the jury contributed to the judge's ultimate decision to declare a mistrial, a decision that might well have been carefully weighed, as a potential necessity if matters grew worse, for a number of hours prior to defense counsel's outburst about the polygraph." Burtron, 376 Ill. App. 3d at 865. In upholding the trial court's declaration of a mistrial, the court also noted that the mistrial was declared late in the proceedings, after the judge had ample time to assess the demeanor and motivations of the parties involved, and that the judge had stated for the record the reasons he did not believe a proposed curative instruction to the jury would have cured the prejudice that had been injected into the proceedings. Burtron, 376 Ill. App. 3d at 865-66.