Marlon Pendleton

• Alibi

● Mother and step-father testified they woke defendant up and drove him to work the day of the crime; they also testified he had false teeth and no gold tooth as victim had described.

Defendant interjected “You know I ain’t the one” during the victim’s testimony.

• Eyewitness
• Forensic Evidence

• Serology

• Error
• Not Disclosed (stipulation)

The defense stipulated to the forensic analyst’s conclusion that the evidence was insufficient for DNA testing, after the court denied motions to conduct an independent DNA test; later analysis found that sufficient material existed that DNA testing could have been readily conducted at the time of trial.

• Intraracial Identificaiton
• Victim

• Lineup
• Showup

Yes ● Suggestive line-up – defendant was only person in line-up with hair shaved on sides, and only person with hair in braids in back. ● Show-up – victim was shown defendant in handcuffs prior to viewing lineup, and did not see any other lineup participants prior to the lineup.

"He was in handcuffs with officers. Q. And who else was in handcuffs at that time, Ma’am? A. No. Q. The only person in handcuffs prior to you making this identification was this man? A. Yes."

No ● Discrepancies in description

Victim described attacker as having rotten teeth and 170 pounds, while Pendleton was about 135 pounds and had teeth in good condition.

• Sixth Amendment

People v. Pendleton, 706 N.E.2d 501 (Ill. 1998)
People v. Pendleton, 734 N.E.2d 897 (Ill. 2000)
People v. Pendleton, 749 N.E.2d 984 (Ill. 2001)
People v. Pendleton, 763 N.E.2d 775 (Ill. 2001)
People v. Pendleton, 787 N.E.2d 165 (Ill. 2002)