In Rights Court this morning Judge Condon said that he had had his clerk check for other open cases against Timothy S. Smith, and two had been found. He is having those cases transferred to his court.
Smith is in custody in the McHenry County Jail on a first-degree murder charge in the fatal shooting of Kurt Milliman, 48, on May 28, 2011.
On October 31, 2010, Smith was charged with battery by Woodstock Police. Case No. 10CM 002617 started through the "system".
On May 21, 2010, Smith was charged with Obstructing Identification and two counts of interfering with a peace officer. Case No. 10CM001213 is a Woodstock PD complaint and being prosecuted by the McHenry County State's Attorney. If you want to see why the Circuit Court is backlogged and jammed to the gills is cases, look at the history in the court records. Smith's attorney on this case is Matthew Haiduk.
Continuances on the Defendant's Motion were granted on June 23, 2010, July 21, 2010 (that's one year ago today), August 18, 2010, and September 15, 2010. Then a jury trial was requested on October 13. Then Continuances on Defendant's Motions were granted on November 10, December 8, January 5, February 9, March 9, March 16, April 13. On May 10, a jury trial was finally set.
Two weeks later Smith allegedly shot Kurt Milliman.
What is the wheels of justice had been oiled up sooner and if this (and the other case) had been resolved on a timely basis? What if the approach of our court system was, "You know what? We're not fooling around for months. Get ready for trial - next month!" And then stick to it. Most of the cases are not that complicated. They don't take months and months to prepare for.
Judges should stop letting attorneys stall for more time! All judges should demand reasons for continuances from attorneys and then hold them accountable at the next hearing.
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