December 5, 2006
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
DAVID OEHRKE, ) Catherine M.
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE WOLFSON delivered the opinion of the
Frieda Oehrke, the defendant’s 91-year-old mother, was
brought to the emergency room at Resurrection Hospital, where she
told a doctor and a nurse she did not know why her son kept
hitting her. The issue in this case is whether Frieda’s
statements in the emergency room were admissible at the
defendant’s trial. Because we find the statements were
inadmissible hearsay we reverse the defendant’s aggravated
battery conviction and remand this cause for a new trial.
On June 24, 2000, Frieda was taken by paramedics to the
emergency room at Resurrection Hospital. She had a one inch
bleeding wound on the top of her head, old bruising on the right
side of her face, and multiple areas of bruising on her body in