“OTHER CRIMES” EVIDENCE CONTAINED WITHIN DEFENDANT’S STATEMENTS REQUIRES NEW TRIAL

Defandant Lewis Jackson’s disabled aunt, Doris,  was found dead in her apartment having been stabbed over 30 times.  There was no sign of forced entry. Mr. Jackson lived with Doris in her apartment. During his three days in police custody in Harvey, Mr. Jackson gave six different statements to police and prosecutors. The statements contained facts about defendant’s use of narcotics during the night before and day of the homicide. 
Our Appellete Court orders a new trial because the parts of the defendant’s statements regarding narcotics use constituted improper “other crimes” evidence. “[T]he prosecution did not present sufficient preliminary evidence to permit introduction of Jackson’s drug use as proof of his motive to kill Doris.”  Although not properly objected to, the evidence constituted plain error as the evidence was closely balanced. People v Lewis Jackson, No.1-04-3660, Third Div 3/10/2010.
 

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