(WBBM NEWSRADIO) – The DuPage County State’s Attorney has offered up an example of what he says is a flaw in the new state court system that abolishes cash bail while allowing judges to detain defendants who are deemed dangerous before trial.
Thirty-year-old Terry Johnson of Chicago, who’s on parole for armed robbery and aggravated battery, is accused of breaking into a Hinsdale boutique last May and faces felony charges of armed violence and burglary, Robert Berlin said in a news release.
The prosecutor said a judge on Thursday released Johnson, pending trial, after expressing “his concern over the implementation of the law.” Berlin said burglary is excluded as a detainable offense unless there is use of force against another person.
“His hands were tied,” Berlin said of the judge, who instead placed Johnson on electronic monitoring and ordered him to stay away from the business that was burglarized.
Authorities arrested Johnson this week based on DNA recovered at the scene of the overnight burglary at Kelsey Resale Boutique. In the May 24 break-in, Johnson and six accomplices allegedly used a sledgehammer on a glass door to gain entry and stole nearly $70,000 in merchandise.
“This was an audacious burglary with seven offenders,” Hinsdale Chief of Police Brian King said in a prepared statement.
The end of cash bail in Illinois is part of a criminal-justice reform package known as the Safe-T Act that many police officials and prosecutors opposed. Berlin said judges should have more discretion as they consider cases like Johnson's.
“With Mr. Johnson’s case as a glaring example of what I fear will be many defendants unduly released pre-trial, I urge the General Assembly to amend the law and allow judges to use their discretion in every case similar to New Jersey’s pre-trial release law,” he said.
Johnson’s next court appearance was scheduled for Oct. 16.
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