Cases About Legal Consequences of Destruction of Evidence

In In re C.J., 166 Ill. 2d 264, 652 N.E.2d 315, 209 Ill. Dec. 775 (1995) the Supreme Court of Illinois applied the holding of Youngblood, finding a defendant's due process rights were not violated after a report from the Department of Children and Family Services (DCFS) was destroyed by a DCFS investigator prior to trial. C.J., 166 Ill. 2d at 275, 652 N.E.2d at 320. The court found no evidence showed the DCFS investigator functioned as an aid to the prosecution, and the responsibility for the destruction of the report could not be imputed to the State. Finding no bad faith on the part of the State, the court reversed the dismissal of the defendant's petition. C.J., 166 Ill. 2d at 270-74, 652 N.E.2d at 318-20. In People v. Rhodes, 243 Ill. App. 3d 701, 612 N.E.2d 536, 183 Ill. Dec. 884 (1993), this court found a defendant was not denied due process when he did not have the first written statement of a witness, which was destroyed by a police officer. Citing Youngblood, the Court found defendant had to show bad faith by the State. Rhodes, 243 Ill. App. 3d at 704, 612 N.E.2d at 539; cf. People v. Coleman, 307 Ill. App. 3d 930, 936, 718 N.E.2d 1074, 1078, 241 Ill. Dec. 220 (1999) (showing of bad faith was not necessary because police destroyed alleged cocaine after defendant filed discovery motion seeking the alleged cocaine).