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Justices heard arguments Tuesday in People of the State of
Illinois v. Jesse Post, a case involving a man charged with
sexually assaulting children and his argument against a circuit
court’s decision to keep him detained.
Post was charged with three counts of predatory criminal sexual
assault of a child in November 2023 and remained detained even
after he said his circumstances had changed.
James Wozniak of the Office of the State Appellate Defender said
the Pretrial Fairness Act mandates that a circuit court must
address a defendant’s detention every time there is a motion or
status hearing.
“Every single time the defendant comes before the circuit court,
the court must find that continued detention is necessary,”
Wozniak said.
Wozniak outlined the defendant Post’s argument, saying he should
be released because he would be under constant supervision by
his parents, because he agreed to electronic monitoring and
because of his inability to secure information that would help
in the preparation of his defense if he were to remain detained.
This, Wozniak said, was a change from the “original agreement.”
Illinois Assistant Attorney General Elizabeth Bays said the case
is not meant to be relitigated with every hearing.
“There’s no indication that the legislature indicated that there
is supposed to be an entire new hearing at every status hearing
having to do with detention,” Bays said.
Wozniak said an appellate court was mistaken when it found that
Post had not demonstrated a change of circumstances to revisit
his detention, as mandated by the Pretrial Fairness Act.
Bays said the defendant alleged a change in circumstances, but
the court said it was not enough to change its mind.
“Because there was no material change in circumstances in this
case, because defendant presented such a danger to the
community, this court should affirm the appellate court’s
judgment and the circuit court’s judgment,” Bays said.
Wozniak asked that the case be returned to circuit court.
Justices said they would take the case under advisement.
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