State v. Fassero

MICHAEL A. WOLFF, Judge.

Brian Fassero’s appeal of his conviction and sentence for first-degree child molestation raises two significant issues:

Did the conviction in Fassero’s second trial — which followed the grant of a mistrial when the first trial jury reported a deadlock — violate Fassero’s right under the double jeopardy provision of the United States Constitution?

Did the trial court err in the penalty-phase in admitting evidence of an Illinois indictment for aggravated sexual abuse of a child?

Facts

Fassero was arrested in February 2008 on suspicion that he inappropriately touched a…