People v. Green

In People v. Green, 17 Ill. 2d 35, 40, 160 N.E.2d 814, 817 (1959), when an alibi witness's testimony "was vague and suggested that she might not be telling the truth" the judge asked her some brief, clarifying questions. The alibi witness had given birth at the hospital and returned home with her new baby less than a day before the defendant allegedly came to visit and stayed for several hours. Green, 17 Ill. 2d at 38-39, 160 N.E.2d at 816. The judge wanted to know how many times the defendant had been to the alibi witness's home, and his questions elicited that the defendant was there only twice -- once before the armed robbery at issue, on the day of the robbery, and never again -- suggesting it was unlikely the defendant was actually paying the new mother an extended visit when the crime was being committed. Green, 17 Ill. 2d at 38-39, 160 N.E.2d at 816. The appellate court emphasized that the judge's examination of the trial witness went to alibi, "was not lengthy," and "neither indicated bias or prejudice, nor an assumption by the court of the role of advocate in the case." Green, 17 Ill. 2d at 40, 160 N.E.2d at 817.