People v. CD

- The Defendant was charged with 2 counts of Criminal Sexual Assault, both non-probationable Class 1 felonies, for allegedly having intercourse with a family member whom was under the age of 17 at the time. The Defendant allegedly confessed to the investigators and wrote a letter of apology to the victim, before counsel was retained. The Defendant was facing mandatory minimum consecutive sentencing of 8 to 30 years at 85% time; plus life time sex offender registration. The offer before trial was 8 years in the Illinois Department of Corrections, at 85% time. After a Frye hearing that was granted (hearing on scientific acceptance of certain evidence the defense tendered), for the first time in the state of Illinois, the trial court allowed expert testimony regarding “false confessions,” where one admits to a crime he did not commit, or one that was embellished by the police or victim. The reasons for the admissions are due to psychological pressures and oppressive “John Reed” police interrogation techniques. Salvatore C. Miglore retained renowned psychologist and lawyer, Dr. Salomon Fulero, in order to testify as to his expertise on the “false confessions phenomena.” Dr. Fulero was the psychologist the US Supreme Court referred to in Atkins v. Virginia, which held that executions of juveniles in the United States, and/or mentally retarded people is cruel and unusual punishment, and therefore, unconstitutional, and therefore, the ruling was based primarily on these types of confessions. Also, Salvatore C. Miglore produced crime scene recreation, forensic investigators and other psychiatrists to illustrate that the “act” was embellished by the “victim.” After several hearings, the prosecution offered the Defendant an amendment or reduction to an “Attempted criminal sexual assault,” and a dismissal of the second count. The Defendant received 30 months probation, 180 days work release, plus sex offender registration for 10 years, instead of the demanded prison time and lifetime registration.