QUINCY, Ill. — The Illinois Supreme Court has declined to order a western Illinois judge to impose a sentence in a sexual assault case after he threw out the conviction at the sentencing hearing.The video within the participant above is from a prior record.
The court dominated Wednesday that “the double jeopardy clause prohibits additional prosecution even the place an acquittal is ‘based upon an egregiously misguided basis.'”
The Illinois Attorney General’s office filed motions with the court final month seeking to direct Adams County Judge Robert Adrian to vacate his order acquitting Drew S. Clinton and to sentence him.
After originally discovering Clinton responsible on one depend of criminal sexual assault in October, Adrian threw out the conviction Jan. Three when Clinton seemed for sentencing, and stated he would no longer impose the required minimal sentence of 4 years in jail.
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“Mr. Clinton has served virtually five months within the county prison, 148 days,” Adrian stated, consistent with the court transcript of the listening to posted on-line through native media. “For what took place on this case, this is a lot of punishment. That could be a just sentence.”
But Adrian mentioned if he have been to rule that the sentencing statute he was once certain to follow used to be unconstitutional, his determination can be overturned and Clinton could be ordered to prison. In order to keep away from an enchantment he believed would achieve success, Adrian mentioned what he may do was decide that prosecutors had failed to “end up their case” and disregard the sexual assault price.
The prosecutor in the case, Anita Rodriguez, mentioned she had by no means in her 40-year occupation noticed anything else like Adrian’s ruling, and apprehensive how it would impact the victim. The Quincy Area Network Against Domestic Abuse, which helps sufferers of domestic violence and sexual abuse, said the ruling sends a perilous message.
Adams County State’s Attorney Gary Farha mentioned in a statement “we are extraordinarily disappointed within the contemporary determination of the Illinois Supreme Court regarding the Drew Clinton criminal case.”
“The choice of the trial judge and the feedback he made at sentencing had been incredibly insensitive and not supported by means of the proof,” Farha mentioned.
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A spokesperson for Illinois Attorney General Kwame Raoul additionally expressed sadness.
Clinton’s lawyer Drew Schnack mentioned the Supreme Court motion approach the case is effectively completed.
The case sparked extensive outrage.
In January, Adrian used to be reassigned to small claims, criminal matters and probate paperwork as a substitute of presiding over the criminal docket.
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