Could prostitution charge collapse?

Kimberly A. (Holian) Smith, 28, is charged with four crimes related to the death of Kurt Milliman on May 28, in unincorporated McHenry County just outside Woodstock. The charges are Prostitution, Disorderly Conduct and Obstruction of Justice (2 Counts).

McHenry County Sheriff's Department Detective Quick is the complainant. In Count One, Smith is alleged to have falsely stated that she had made a telephone call to her husband at a time when he was not home. If Timothy Smith wasn't "not" home, then he was home.

In Count Two (a Disorderly Conduct charge), Smith is alleged to have falsely reported a home invasion, knowing that none had occurred, when she summoned the sheriff's department to the residence of her husband, Timothy Smith, and her at 4320 Doty Road. That's just south of Centegra Hospital-Woodstock and on the east side of the road. What is "Disorderly Conduct" about that?

So far, the sheriff's department has been silent on the time when Milliman was shot. Had he already been shot, when Kimberly Smith dialed 9-1-1? Or was Milliman shot after the 9-1-1 call and before the first deputy arrived? Who was the first deputy?

In Count Three Smith is alleged to have falsely informed Det. McDonald by stating that her husband was not at home when Milliman arrived.

Count Four seems to contain a huge problem; at least, for me. It reads,

"In the name and by the authority of the People of the State of Illinois, Det. Quick, hereinafter called the complainant, on oath charges that on or about the 29th (sic) day of May, 2011, in McHenry County, Illinois, Kimberly Smith, hereinafter called the defendant committed the offense of Prostitution in violation of Chapter 720 Act 5 Paragraph 11-14 of he Illinois Compiled Statutes in that said Defendant

"Knowingly agreed with Kurt Milliman to perform (a sex act described in detail, with) Kimberly Smith in exchange for $40.00 United State's (sic) Currency."

When a prostitution charge is the basis for everything that follows and that happened on the night of Saturday, May 28, isn't it important to state the date of the sexual act correctly, when there is little or no question about the date?

Is saying "on or about the 29th day of May", knowing that it didn't happen on the 29th, but on the 28th, important? Is there some reason why that error wasn't caught and fixed before the Complaint was filed?

The sex act certainly did not occur on Sunday, May 29. That's when Kurt Milliman was in the hospital, where he died in the early morning hours.