People v. Danielly

Defendant, Clinton Danielly, was convicted following a jury trial of aggravated criminal sexual assault. He was sentenced to a prison term of 12 years for the offense. On appeal he argues that police conduct in returning the complainant’s underwear to her following the initial investigation deprived him of due process and has deprived him of ever being able to receive a fair trial. He also argues that an ex parte communication between the trial judge and the jury, in combination with the trial court’s later decision to give a Prim, instruction urging jury consensus, constitutes reversible…