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03/03/94 PEOPLE STATE ILLINOIS v. TIMOTHY C. ROCHE

March 3, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
TIMOTHY C. ROCHE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of McHenry County. No. 91-CF-92. Honorable Henry L. Cowlin and Ward S. Arnold, Judges, Presiding.

Petition for Rehearing Denied April 15, 1994.

PECCARELLI, Doyle, Colwell

The opinion of the court was delivered by: PECCARELLI

JUSTICE PECCARELLI delivered the opinion of the court:

Defendant, Timothy Roche, was indicted on one count of reckless homicide (Ill. Rev. Stat. 1989, ch. 38, par. 9-3(a) (now 720 ILCS 5/9-3(a) (West 1992))). After the State had presented the bulk of its evidence at trial, the trial court declared a mistrial. The State proceeded to reprosecute defendant for the same offense. Defendant now appeals the trial court's refusal to dismiss the indictment on double jeopardy grounds. Defendant claims that the mistrial was not the result of manifest necessity and that the trial court granted it without defendant's consent.

On July 22, 1990, 8-year-old Michael Grimm was killed after the van his father was driving collided with the car that defendant was driving. The State charged defendant with reckless homicide in connection with Michael's death. Defendant has provided only a portion of the trial record. What defendant has supplied reveals that the following relevant events took place at defendant's trial. Rose Alfonso, a medical technologist, testified for the State on September 16, 1992, concerning defendant's blood tests. The following exchange took place before the jury while defendant's attorney was cross-examining Alfonso concerning conversations that she had with the prosecutor prior to trial:

"MR. BEADERSTADT [Prosecutor]: Objection, your Honor. This goes to case preparation * * *.

MR. WILSON [Defense attorney]: I would like to ask her if she had [spoken with the prosecutor].

THE COURT: Well, then ask her that. Don't ask-- Don't ask her a lot of other questions.

I'll permit that question.

MR. WILSON: All right. Thank you Judge.

BY MR. WILSON:

Q. Did you have any conversation with anybody about the testimony that you would give before you came here today?

A. Yes.

Q. With whom?

A. Mr. Beaderstadt.

Q. When did you have that ...


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