Summary
This is an appellate court opinion reversing a trial court's denial of the State's motion in limine to admit victim statements under the doctrine of forfeiture by wrongdoing. The defendant, Prince Cunningham, was charged with two counts of first-degree murder for the death of Tyesha Bell. The appellate court found that the trial court erred in concluding the State failed to prove the murder was intended to prevent Bell's testimony in a child support case, ruling instead that the opposite conclusion was clear from the record. The case is reversed and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying the State’s motion to admit the victim’s statements under the doctrine of forfeiture by wrongdoing.
Holdings
- The trial court’s denial was against the manifest weight of the evidence; the appellate court reversed and remanded.
Key quotations
“The State ha[d] proven by [a] preponderance of the evidence that the defendant engaged in or acquiesced in wrongdoing, specifically the disappearance and murder of Tyesha Bell.” (¶38)
“While the evidence received was that defendant had fathered a child with [Bell] while he was married to someone else and that [Bell] had sought and received first court‑ordered child support and later direct payments of support from the defendant, this [c]ourt cannot find that it has received evidence showing that either [Bell] or the defendant was unhappy with the current payment arrangement.” (¶55)
Factual background
Prince Cunningham was charged with two counts of first‑degree murder for the death of Tyesha Bell, who disappeared in May 2003 and whose remains were found in 2020. Evidence showed Cunningham and Bell had a romantic relationship, a child together, and that Cunningham made cash payments to Bell after formal child‑support garnishment ended. The State moved to admit Bell's statements under the forfeiture‑by‑wrongdoing doctrine, alleging Cunningham killed her to prevent her testimony in a child‑support case.
Procedural history
The trial court denied the State's motion in limine to admit victim statements under the forfeiture-by-wrongdoing doctrine. The State appealed, arguing the denial was against the manifest weight of the evidence. The appellate court reversed and remanded.
Remand instructions
Remand the cause to the Circuit Court of Kane County for further proceedings.