(WBBM NEWSRADIO) – McHenry County’s top prosecutor said he witnessed “absurd and incoherent” results in court Monday, as the state ended cash bail in Illinois.
State’s Attorney Patrick Kenneally offered two examples of people he would like to have seen put in jail, pending trial, but who instead were freed because judges had no choice.
One involved a 36-year old McHenry man who was charged with criminal damage to property for allegedly trying to break in the door of his ex-girlfriend’s house, Kenneally said.
The man previously had an order of protection against him and an extensive criminal record, including prison time for aggravated discharge of a firearm.
A second example, Kenneally said, was a 23-year-old Cary man arrested for a second time after allegedly driving under the influence. Kenneally said the man should have been detained because he poses a threat to the public.
“There’s other people that I could point to where there’s a legitimate argument to be made that a judge should have discretion to detain these people, but they just no longer have discretion,” the prosecutor said.
The Democrat-controlled Legislature and Gov. JB Pritzker ended cash bail as a way to treat poor defendants more fairly. Judges can still order some defendants held prior to trial, depending on the charges.
“The party of unchecked power has succeeded in turning the criminal justice system into a farce,” Kenneally said.
He said he doubts lawmakers will agree to modify the law, even if prosecutors provide them with evidence of how the legislation is backfiring.
“I have no faith that any of this is going to get fixed,” Kenneally said.
Meanwhile, Kenneally said, 22 of the ”worst of the worst” in McHenry County Jail have petitioned to be set free. He says they include people charged with murder, drug-induced homicide and sex-related charges.
He said he hopes judges keep them in jail until their trials.