People v. Learn

PRESIDING JUSTICE GEOMETER,

specially concurring:

Though I agree with the majority insofar as it reverses the judgment of the trial court and remands for a new trial, I disagree with much of its reasoning regarding the admissibility of K.O.’s out-of-court statements. K.O.’s statements were admissible under section 115 — 10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 — 10 (West 2002)). However, the admission of KO.’s statements to law enforcement personnel was improper under Crawford v. Washington, 541 U.S. 36, 68, 158 L. Ed. 2d 177, 203, 124 S. Ct. 1354, 1374 (2004). Her…