Man held 10 months in jail to be released

A trial in Judge Condon's court in McHenry County this afternoon will result in the release of a man held ten months in the McHenry County Jail.

In opening statements today, one of the defense attorneys referred to his client's incarceration as the result of a "witch hunt" by the Lake in the Hills Police Department. The Assistant State's Attorney objected, but the words were out.

The defendant was jailed last July on a charge that he had violated his probation as a registered sex offender by failing to register a place of employment within three days, as required by the Sex Offender Registration Act (SORA).

Witnesses included two 18-year-old men and a police officer and a detective from the Lake in the Hills Police Department.

After the State rested, the defense made a motion for a Directed Verdict in favor of the defendant, who has been sitting in the McHenry County Jail for ten months. The judge listened to the arguments by the attorney for the inmate and then to the Assistant State's Attorney, after which he granted the defense motion.

The man will remain in custody temporarily until the parole board approves his release. The decision about his release from custody should be automatic and quick.

The core of the decision was based on the defense attorney's claim that the State had not independently corroborated information learned from the defendant, when he was taken into custody last July. He made statements to the police, but no evidence independent of his own statements was presented to the judge's satisfaction. The judge relied on State v. Harris and then allowed the motion by the defense.

The defense team was Daniel K. Taylor, Esq., of Lake in the Hills and Robert M. Campobasso, Esq., of Round Lake.

As I listened to the testimony, there were several questions in my mind. Was the man "employed" by someone? Was he self-employed? To be employed, even by a relative, must you "apply"? Be interviewed? Fill out an application? Be hired? Fill out an I-9? Fill out a W-4? Receive wages subject to withholding?

Does "employment" include self-employment under the SORA? Is financial assistance from a relative considered income? If he was doing any work but from his registered address, was it necessary to report that, since he was not working at a different address?

And the big question is, is it really necessary to take a person into custody and jail him for ten months, when a couple of interviews might have straightened everything out?