We also note that the testimony about defendant's voice appearing on the tape was not hearsay. In Plyler, a witness was talking to the victim on the telephone when the victim set the receiver down to answer a knock at her door. The witness stayed on the line, recognized the defendant's voice at the door, and then heard gunshots. The court held that the hearsay rule did not bar the witness from testifying that she recognized the defendant's voice in the background. The hearsay rule is not applicable in the instant case.
Defendant also claims that the challenged testimony was irrelevant.
This claim is unavailing because, as noted above, the testimony was material to his culpability under accountability principles. Jury Instructions Third, defendant claims that the jury instructions were erroneous because they did not clarify the requirements for a finding of guilt under accountability principles. However, in the trial court he failed to object to the State's tendered instructions, offer any of his own instructions, object when the judge instructed the jury, and cite any instructional error in his motion for a new trial. In his initial statement to the police, Bachman denied receiving the videotape from defendant. However, according to the police reports, he admitted that defendant gave him the tape after an officer advised that further investigation could lead to his wife discovering an occasion where he almost had sex with Betty Siedlarz at defendant's residence.