Repetition of Strong Infrences That Co-Defendants Implicated the Defendant and Investigative Process Hearsay Exeption
In People v. Sample. 326 Ill. App. 3d 914, 921, 761 N.E.2d 1199, 260 Ill. Dec. 643 (2001) two police officers testified that after they spoke with the two codefendants, they began searching for the defendant. Sample, 326 Ill. App. 3d at 921-23.
The court concluded that cataloging the repeated instances during which the jury was encouraged to infer that the two codefendants had implicated the defendant indicated that the State stretched the boundaries of the investigative procedure hearsay exception. Sample, 326 Ill. App. 3d at 924.
In concluding that the testimony was improper and constituted more than simple police procedure, we found that the "the repetition of strong inferences that his codefendants implicated defendant in the crimes, the use of those statements to build a substantive link in the State's case, and the State's several comments on the upcoming testimony during opening statement, lead us to conclude that the boundaries set for the investigative process hearsay exception were breached." Sample, 326 Ill. App. 3d at 924.