August 14, 2007
THE PEOPLE OF THE STATE ) Appeal from the
OF ILLINOIS, ) Circuit Court of
) Cook County
v. ) No. 98 CR 15711
DARRYL SUTTON, ) Honorable
) Thomas M. Tucker
Defendant-Appellant. ) Judge Presiding.
JUSTICE HALL delivered the opinion of the court:
Following a jury trial, defendant Darryl Sutton was
convicted of seven counts of murder for the rape and shooting
death of Monica Rinaldi. He was sentenced to four 100-year
extended-term prison sentences and three natural life sentences.
On direct appeal we reversed defendant's conviction and remanded
the case for a new trial after we determined, among other things,
that the trial court erred in admitting the hypnotically enhanced
testimony of sole eyewitness David Janik. People v. Sutton, 349
Ill. App. 3d 608, 622, 812 N.E.2d 543 (2004).
The State has now filed this interlocutory appeal pursuant
to Supreme Court Rule 604(a)(1) (188 Ill. 2d R. 604(a)(1)), along
with a certificate of substantial impairment, seeking to overturn
two pretrial rulings the trial court made on remand suppressing
Janik's out-of-court statements to police as well as his lineup
identification of defendant and his potential in-court