AG asks state Supreme Court docket to drive decide to impose authorized sentence | Information

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Legal professional Basic Kwame Raoul filed a petition on Thursday asking the Illinois Supreme Court docket to intervene in a controversial sexual assault case that ended with a circuit decide voiding his authentic responsible verdict and releasing the defendant early.

Raoul petitioned for a writ of mandamus urging the Illinois Supreme Court docket to order Adams County Circuit Decide Robert Okay. Adrian to impose a lawful sentence within the sexual assault case – 4 to fifteen years in jail.

Adrian launched the defendant after he served 5 months in a county jail.

“The necessary sentencing vary set by the Illinois Basic Meeting for felony prison sexual assault is 4 to fifteen years in jail,” Raoul stated in a written launch saying his choice to take the case to the Supreme Court docket. “Along with the insensitivity to the sufferer on this case, the decide’s choice to vacate the conviction and name the 148 days Clinton served in county jail ‘loads of punishment’ demonstrates an abuse of energy.”

Adrian presided over the three-day bench prison sexual assault trial of Drew S. Clinton, 19, in October. Clinton was accused of raping a 16-year-old lady at a commencement celebration in Quincy on Could 30. Adrian discovered Clinton responsible of 1 rely of prison sexual assault.

However when Clinton returned to courtroom in January, Adrian determined to reverse his personal discovering of guilt and vacate the conviction. This allowed Adrian to keep away from sentencing him to the minimal sentence underneath Illinois regulation. He then ordered Clinton to be launched from custody.

Clinton’s sufferer was in courtroom and ready to learn a sufferer impression assertion when Adrian made his choice to vacate the conviction and free Clinton.

A transcript confirmed that Adrian criticized the mother and father the place the celebration was held.

“That is what’s occurred when mother and father don’t train their parental tasks, when we have now folks, adults, having events for youngsters they usually permit coeds and feminine folks to swim of their underwear of their swimming pool,” he stated, in keeping with a transcript.

Carrie Ward, the chief director for the Illinois Coalition In opposition to Sexual Assault, stated Adrian’s statements have been victim-blaming and additional traumatized the sufferer.

“This was a flip that nobody might have predicted,” Ward stated. “And it underscores the problems survivors of sexual assault face.”

Clinton, who previously lived in Quincy, turned 18 two weeks earlier than the crime occurred. He had no earlier prison report. He at present resides in Michigan.

Through the listening to, Adrian stated, “Mr. Clinton has served virtually 5 months within the county jail, 148 days. For what occurred on this case, that’s loads of punishment. That may be a simply sentence,” in keeping with a courtroom transcript.

“That is the primary time I’ve seen a scenario like this within the 20 years I’ve been doing this,” stated Daniel S. McConkie Jr., who teaches prison regulation at Northern Illinois College Faculty of Regulation.

McConkie stated Adrian averted appellate overview by reversing the conviction, as an alternative of imposing a sentence that was lower than the necessary minimal.

Adrian stated in the course of the listening to that he knew that his choice could be overturned if he did that.

That leaves the case to the Supreme Court docket to drive Adrian to impose the sentence prescribed by Illinois regulation.

“It’s a unprecedented treatment to a unprecedented scenario,” McConkie stated of Raoul’s movement to the Supreme Court docket.

The Supreme Court docket can order public officers, together with judges, to comply with the legal guidelines enforce by the Illinois Basic Meeting.

Adrian’s dealing with of the case drew nationwide media consideration and an outcry from native and state advocates. The sufferer appeared on the nationally syndicated tv present “Dr. Phil” to speak concerning the assault.

“We’re super-glad that the legal professional common took this step to attempt to get some justice for this sufferer,” Ward stated. “And greater than that, for the message that this sends to all sexual assault survivors.”

Adams County Chief Decide Thomas McCartney reassigned Adrian from the prison docket to a civil docket final month.

However Adrian might additionally face extra challenges. A petition is circulating asking for his recall. On Friday, the petition had greater than 102,000 signatures.

Adrian was elected to the bench in 2010 with 56 % of the vote. He received retention, which requires an affirmative vote of 60 % of the voters, in 2016 with 83 % of the vote.

Capitol Information Illinois is a nonprofit, nonpartisan information service protecting state authorities and distributed to greater than 400 newspapers statewide. It’s funded primarily by the Illinois Press Basis and the Robert R. McCormick Basis.





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