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Law News Elsewhere  (fresh daily from the Web)

Proposed law clarifies
that 'no' means 'no'

[MARCH 25, 2003]  SPRINGFIELD -- The Illinois Senate affirmed Monday that 'no' means 'no.' The commonly known phrase was called into question recently as the California Supreme Court debated a person’s right to withdraw consent to sexual relations.

Sen. Larry Bomke, a sponsor of the proposal, says Senate Bill 406 makes Illinois law clear on withdrawal of consent.

"Senate Bill 406 simply ensures that Illinois law does what most people think it already does," said Bomke, R-Springfield. "It clears up any ambiguity in Illinois law concerning consent, making it clear that consent may be withdrawn at any time."

It took the California courts nearly three years to come to that conclusion. Illinois law is very similar to the California statute. While our courts have not debated the issue, Senate Bill 406 will eliminate the need for future debate over the intent of the law.

"We tell our kids that 'no' means 'no' -- end of question. It is what everyone believes the law already says, yet it took California three years to make that decision," said Bomke. "With Senate Bill 406, we can be certain Illinois law says what we already think it does."

Senate Bill 406 simply clarifies that a person may withdraw consent, but it does not change the definition of sexual assault or the process to prove what was said or communicated. Those charges will still be decided in a court of law.

Senate Bill 406 gained approval in the Senate March 24 and advanced to the House of Representatives for further approval.

[News release]

Senate votes to ban ephedra products

[MARCH 21, 2003]  SPRINGFIELD -- Sen. Larry Bomke, R-Springfield, talked with Kevin Riggins of Lincoln and Sen. Barack Obama, D-Chicago, following the Senate’s vote to ban the sale of products containing ephedra or ephedrine alkaloids. Riggins has lobbied at the local, state and national level against the dangers of ephedra since his 16-year-old son died last year. Sean Riggins' death was linked to ephedra products.

Senate Bill 1418 would limit the access of any ephedra product not approved by the secretary of Health and Human Services as safe for its intended use or approved for over-the-counter sales by the FDA.

Obama and Bomke sponsored Senate Bill 1418 in the Senate. The legislation now awaits consideration in the House of Representatives.

[News release]

Proposed law reduces appeals
by dangerous sex offenders

[MARCH 17, 2003]  SPRINGFIELD -- During a hearing of the Senate Judiciary Committee on March 13, Sangamon County State’s Attorney John Schmidt testified with Sen. Larry Bomke, R-Springfield, in favor of a proposed law to save time and money for the courts.

Senate Bill 1577 would restrict the number of times a person committed for sexually dangerous crimes could appeal for recovery to once every six months. According to Schmidt, prosecutors, public defenders and the courts spend needless time and taxpayers’ dollars hearing such cases when the convicted offenders immediately file for another hearing after losing a recovery petition, only to lose and file again. The six-month limit balances the rights of the offenders with the demands on the court system.

The legislation was approved and will now be heard by the full Senate.

[News release]

Six arrested for dealing crack cocaine

[MARCH 14, 2003]  Logan County State's Attorney Tim Huyett announced the arrests of six individuals involved in dealing crack cocaine in Logan County over the past several months. The arrests were made Thursday evening, and two search warrants were executed at the same time. Warrants are active for five other individuals who were not immediately located. The 11 are all charged with delivering crack cocaine in varying amounts to confidential informants or undercover police officers.

The charges are either Class 1 or 2 felonies, depending upon the weight of the narcotics delivered, and carry potential prison sentences of up to 15 years and seven years respectively. Some charged are eligible for extended terms due to prior drug offenses. All are also eligible for fines of up to $250,000 for a Class 1 felony and $200,000 for Class 2 under these circumstances.

The investigation culminating in the arrests is the result of a joint investigation conducted by the Central Illinois Enforcement Group in conjunction with the Illinois State Police, the Logan County Sheriff's Department and the Lincoln City Police Department.

"This venture required the utmost of cooperation between all agencies in order to pull it off," said Huyett. "We wanted to do the arrests as nearly simultaneously as we could so the individuals arrested would not have an opportunity to warn their co-conspirators." Accordingly agents of all affected departments were brought in to assist.

The six who were arrested are:

--Patrick J. Palmer, 19, of Lincoln, charged with a Class 1 delivery occurring Jan. 28.

--Dejaun G. Mitchell, 26, of Chicago, charged with a Class 1 delivery occurring Feb. 11.

--Larry G. McCray, 39, of Lincoln, charged with a Class 1 delivery occurring Nov. 12, 2002.

--Walter L. Richmond aka Maurice L. Gardner, 22, of Chicago, charged with a Class 1 delivery occurring Jan. 9.

--Lester R. Stackhouse, 22, of Chicago, charged with a Class 1 delivery occurring Jan. 28.

--Cynthia L. Parish, 42, of Lincoln, charged with a Class 1 delivery occurring Jan. 30.

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The individuals not located were not named by Huyett, and their warrants will remain under seal until such time as they are apprehended.

"One need only look to this case and the past few weeks to realize how desperate we are to keep good law enforcement and to keep it funded in our community," Huyett said.

"Many of the individuals involved have ties to major gangs in Chicago. Apparently we provide a good market for their product. Law enforcement activities such as this will hopefully make the cost of doing business so high in our community that they will go elsewhere to peddle their wares. It is not so simple anymore as to just calculate the cost of law enforcement based on crimes committed by local residents."

"I want to personally commend all the officers involved," said Logan County Sheriff Steve Nichols, whose department played a large role in the investigation and roundup. "For obvious reasons they cannot be publicly named, but they know who they are, and I thank them on behalf of all of us."

Huyett would not comment at this time on the results of the executions of the search warrants or the location of the residences involved. He indicated that those details would surface over the next few days, and he didn't want to compromise the ongoing portions of the investigation.

Huyett did indicate that the known facts suggest that the accused are involved with each other in the dealing of the cocaine, but he declined to elaborate further on the details of the case.

[Press release]

Police Reports

Two arrested in connection with area burglaries

[MARCH 18, 2003]  The Logan County Sheriff's Department is investigating the activities of two young Peoria men. The 17- and 18-year-olds were arrested following a traffic incident Saturday morning. They had apparently committed burglaries in Logan, Sangamon and Menard counties. The burglaries included a house in Menard County, two cars in Sangamon County, a house and business in Hartsburg, and a house in Elkhart.

The alleged thieves are being held in the Logan County Jail on various counts of burglary, aggravated assault and traffic violations.

The state of Illinois investigated the traffic accident. Sgt. Doug McCartney, a detective with the Logan County Sheriff's Department, is coordinating the investigation of the burglaries.

[News release]

Link to Illinois sex offender information provided by the Illinois State Police:

http://www.isp.state.il.us/sor/frames.htm

Searches available by city, county, ZIP code and name.

Community Policing Activities

Some that still don't get it, got it

[MARCH 1, 2003]  From Feb. 9 through 22, the Lincoln Police Department, with a grant provided by the Illinois Department of Transportation, conducted a seat belt enforcement detail within the city of Lincoln. Nine officers participated in the enforcement detail and stopped 119 vehicles during this detail. The results are as follows:

• Speeding citations: 24
• Other moving citations: 31
• Seat belt citations: 96
• Child restraint citations: 1
• Suspended license: 3

• Total citations issued: 155

As we approach spring and a busy traveling season, the Lincoln Police Department continues to encourage the motoring public to use seat belts and child restraint devices while traveling.

[Officer Tim Butterfield,
Lincoln Police Department]

Court News

Name, age, address; date, charge; sentence

(Week ending 3-20-03)

• Katherine Batley, 33, 34 Bayhill; 9-10-02, deceptive practice; pleaded guilty, two months court supervision, $100 fine plus court costs, $12.76 restitution

• Merlin G. Billington, 44, 633 S. College; 12-13-02, domestic battery; pleaded guilty, 18 months probation, 90 days Logan County Jail with no day-for-day, court costs, Men Who Batter

• Brenda Crawford, 62, 202 Oscar; 8-7-02, false statement for the purpose of procuring credit card; pleaded guilty, two years Department of Corrections, $11,318.05 restitution

• Terry Delang, 32, R.R. 1 Box 305, Greenview; 10-28-02, deceptive practice, two months court supervision, $100 fine plus court costs, $180 restitution

• Stephanie L. Ellegood, 28, 706 N. Madison; 10-19-02, 10-24-02, 11-6-02, deceptive practice; pleaded guilty, two months court supervision, $100 fine plus court costs, $222.97 restitution

• Robert B. Flowers, 33, 716 N. Madison; 3-11-03, domestic battery; pleaded guilty, 18 months probation, $300 fine plus court costs, two days Logan County Jail, Men Who Batter

• Edison M. Jarrin, 20, 509 Willian, River Forest; 10-29-02, burglary; pleaded guilty, 48 months probation, 180 days Logan County Jail deferred

• Sam J. Jones, 33, 208 E. Peoria, Taylorville; 11-11-02, criminal trespass to residence; pleaded guilty, $300 fine plus court costs

• Kevin Lambert, 35, 126 Omaha; 5-27-01, unlawful possession of a controlled substance; pleaded guilty, three years Department of Corrections

• John R. Maldanado, 41, 1428 N. Kankakee; 5-11-02, deceptive practice; pleaded guilty, 12 months court supervision, $100 fine plus court costs, $13.06 restitution

• Jerod Mattson, 19, 32 Tremont Park; 12-29-02, unlawful possession of cannabis; pleaded guilty, $400 fine plus court costs, $200 mandatory assessment, $100 lab fee

• Byran McCain, 17, 1103 Sixth; 2-21-03, unlawful possession of cannabis; pleaded guilty, 12 months court supervision, $500 fine plus court costs, $200 mandatory assessment

• Michael J. Miller, 19, 1185 S. Superior Court, Ottawa; 7-22-02, aggravated battery; pleaded guilty, 30 months probation, 120 days Logan County Jail, $59,313 restitution

• Cindy Reed, 44, 633 S. College; 12-22-02, domestic battery; pleaded guilty, 12 months probation, 30 days Logan County Jail plus court costs, Men Who Batter

• Charles Reynolds, 43, 2509 E. Olive, Decatur; 12-3-02, unlawful possession of cannabis; pleaded guilty, $300 fine plus court costs, $200 mandatory assessment, $100 lab fee

• Scott M. Rosenberg, 19, 1035 W. Pine Grove Court, Vernon Hills; 1-31-03, battery, pleaded guilty, six months court supervision, $250 fine plus court costs

• Meladge A. Sinnett, 1291 1800th Ave., Beason; 10-15-02, deceptive practice; pleaded guilty, two months court supervision, $150 fine plus court costs, $13.31 restitution

• Patrick H. Ward, 18, 622 N. Kickapoo; 10-20-02; unlawful possession of cannabis; pleaded guilty, 12 months conditional discharge, $500 fine plus court costs, $500 lab fee

• William West, 41, 902 N. Monroe; 2-1-03, domestic battery; pleaded guilty, 18 months probation, 180 days Logan County Jail, Men Who Batter

• Darla Yarbrough, 40, 1000 N. College, Apt. 7; 2-19-03, retail theft; pleaded guilty, $300 fine plus court costs

Marriage Licenses

(Week ending 3-20-03)

• Charles P. Seaman, Mount Pulaski
  Barbara F. Gardner, Mount Pulaski

• Scott W. King, Latham
  Jayne M. Leiser, Latham

• Keith E. Baughman, Lincoln
  Kristy S. Werth, Lincoln

• Richard J. Nicholas, Lincoln
  Sarah L. Smith, Lincoln

Dissolutions

(Week ending 3-20-03)

• James A. Brady, Logan County
  Kelly M. Brady, Logan County

Most Wanted

[Click here]

Anyone with information concerning crimes in the Lincoln and Logan County area is urged to call Crime Stoppers at 732-3000 or send a message to crime@ccaonline.com. Your information will be kept confidential and you may remain anonymous. If your information leads to the arrest of people involved, Crime Stoppers will pay you a cash reward up to $1,000.

Crime Stoppers has an answering machine to answer your calls. This is to protect you if you wish to remain anonymous. (Your calls cannot be traced with the machine.) You need to let us know how you can be contacted about the incident, or you must watch to see if the subject has been arrested. This is so we can make a payout.

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