Court orders new trial for Wheeling rape convict
(Tribune illustration)
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An appeals court has overturned the sexual assault conviction of a Highland Park man, ruling that Cook County prosecutors improperly questioned him at his trial.
The Illinois Appellate Court's decision, announced Wednesday, means that Matthew Schaffer, 35, is entitled to a new trial.
Schaffer is serving 30 years in Menard Correctional Center for home invasion, armed robbery and aggravated criminal sexual assault. His lawyer, Ralph Meczyk, said he was "gratified" by the ruling and looked forward to a new trial.
During Schaffer's trial in 2011, a woman testified that a man wearing a pantyhose mask entered the room where she was staying at a friend's condo in Wheeling in May 2010, held a knife to her throat, pointed a gun at her and threatened to kill her if she screamed. The woman, who was visiting from out of state, testified that he handcuffed her hands behind her back, sexually assaulted her and stole her wedding band, watch and $100.
Police said someone had cut a hole in the patio screen door.
Authorities arrested Schaffer after they said he sold the woman's watch at a pawnshop in Chicago, using his passport as identification.
A DNA expert testified that Schaffer's DNA matched sperm from the woman's clothing.
On the witness stand, Schaffer admitted he had sex with the woman but claimed it was consensual. He testified that he was a longtime marijuana dealer and that the woman had bought marijuana from him twice before. He said she gave him the watch and the money to pay for the drugs.
During the trial, Cook County Assistant State's Attorney Michael Clarke repeatedly asked Schaffer whether the alleged victim and two detectives made up their testimony, and Schaffer answered that they did, according to the appeals court ruling.
In the unanimous ruling by the three-judge panel, Judge Aurelia Pucinski wrote that prosecutors improperly forced the defendant to challenge the credibility of the other witnesses.
"It is well-established that it is improper for a prosecutor to ask a defendant his opinion on the veracity of other witnesses, as such questions intrude on the jury's function to determine witness credibility, and (such questions) also demean and ridicule the defendant," the judge wrote. "While the practice may be deemed harmless error when evidence of a defendant's guilt is overwhelming, reversal is warranted when the evidence is closely balanced and the credibility of the witnesses is a crucial factor underlying the jury's determination of guilt or innocence.
"In this case, where the evidence was close and the jury's decision hinged on a credibility determination, the prosecution's improper cross-examination denied defendant a fair trial."
Courts were closed Friday, and a state's attorney's office representative was not available for comment. Schaffer remains in prison while prosecutors have an opportunity to appeal the ruling.
rmccoppin@tribune.com
Twitter @RobertMcCoppin
The Illinois Appellate Court's decision, announced Wednesday, means that Matthew Schaffer, 35, is entitled to a new trial.
Schaffer is serving 30 years in Menard Correctional Center for home invasion, armed robbery and aggravated criminal sexual assault. His lawyer, Ralph Meczyk, said he was "gratified" by the ruling and looked forward to a new trial.
During Schaffer's trial in 2011, a woman testified that a man wearing a pantyhose mask entered the room where she was staying at a friend's condo in Wheeling in May 2010, held a knife to her throat, pointed a gun at her and threatened to kill her if she screamed. The woman, who was visiting from out of state, testified that he handcuffed her hands behind her back, sexually assaulted her and stole her wedding band, watch and $100.
Police said someone had cut a hole in the patio screen door.
Authorities arrested Schaffer after they said he sold the woman's watch at a pawnshop in Chicago, using his passport as identification.
A DNA expert testified that Schaffer's DNA matched sperm from the woman's clothing.
On the witness stand, Schaffer admitted he had sex with the woman but claimed it was consensual. He testified that he was a longtime marijuana dealer and that the woman had bought marijuana from him twice before. He said she gave him the watch and the money to pay for the drugs.
During the trial, Cook County Assistant State's Attorney Michael Clarke repeatedly asked Schaffer whether the alleged victim and two detectives made up their testimony, and Schaffer answered that they did, according to the appeals court ruling.
In the unanimous ruling by the three-judge panel, Judge Aurelia Pucinski wrote that prosecutors improperly forced the defendant to challenge the credibility of the other witnesses.
"It is well-established that it is improper for a prosecutor to ask a defendant his opinion on the veracity of other witnesses, as such questions intrude on the jury's function to determine witness credibility, and (such questions) also demean and ridicule the defendant," the judge wrote. "While the practice may be deemed harmless error when evidence of a defendant's guilt is overwhelming, reversal is warranted when the evidence is closely balanced and the credibility of the witnesses is a crucial factor underlying the jury's determination of guilt or innocence.
"In this case, where the evidence was close and the jury's decision hinged on a credibility determination, the prosecution's improper cross-examination denied defendant a fair trial."
Courts were closed Friday, and a state's attorney's office representative was not available for comment. Schaffer remains in prison while prosecutors have an opportunity to appeal the ruling.
rmccoppin@tribune.com
Twitter @RobertMcCoppin
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