People v. Brown

This case comes before us for a second time. The first appeal resulted in a remand for a new trial. On retrial a jury found defendant, Henry Brown, guilty of the aggravated kidnaping and aggravated battery of Gaddis Johnson. Defendant now argues that section 115 — 10.4 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/115 — 10.4 (West 2004)) did not authorize the introduction into evidence of testimony Johnson gave at defendant’s bond hearing. We agree with defendant and therefore we reverse the conviction and again remand for a new trial.

BACKGROUND

On March 8, 1995, two persons…