PEOPLE v. SWART

No. 2-04-0417.

860 N.E.2d 1142 (2006)

308 Ill.Dec. 60

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jacquelyn A. SWART, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 29, 2006.


Attorney(s) appearing for the Case

Thomas Michael Breen, Todd S. Pugh, Gina T. Marotta, Thomas M. Breen & Associates, Chicago, for Jacquelyn A. Swart.

Joseph E. Birkett, Du Page County State's Attorney, Lisa A. Hoffman, Assistant State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, for the People.


Justice BYRNE delivered the opinion of the court:

A jury found defendant, Jacquelyn Swart, guilty of the first-degree murder of a 14-month-old girl, Alexandra Pirkins (Alex). See 720 ILCS 5/9-1(a)(2) (2004). The trial court imposed a 35-year prison term. The State's theory of the case is that Alex succumbed to "shaken baby syndrome" while in defendant's care. Defendant denies shaking Alex, and at trial, she attempted to introduce evidence that Alex suffered an "undetected...

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