* SJ-R…

Circuit Court Presiding Judge Ryan Cadagin and attorneys for the State and for former Sangamon County Sheriff’s deputy Sean P. Grayson will take up the “least restrictive conditions” of his release at a hearing in Sangamon County court at 2:30 p.m. Friday.

A Fourth District Appellate Court decision overturned a lower court decision last week, meaning that Grayson, charged with first-degree murder in the July 6 fatal shooting of Sonya Massey inside of her home, will be released from detainment prior to his trial.

Grayson, sitting with one of his attorneys, Daniel Fultz, appeared by Zoom from the Macon County Jail in Decatur at Monday’s hearing. Grayson agreed to appear by Zoom at Friday’s hearing.

Click here to read the Appellate Court ruling.

* Associated Press last week…

An Illinois appellate court ruled Wednesday that a former deputy sheriff charged with the death of Sonya Massey, a 36-year-old Black woman shot in her home after she called police for help, should be released from jail pending his first-degree murder trial.

The 4th District Appellate Court’s unanimous decision found that a circuit court ruling in July that Sean Grayson should be detained was improper. It said prosecutors failed to supply sufficient evidence that there were no conditions the court could set that would lessen the danger Grayson posed to the community. […]

In his opinion for the court, Justice Eugene Doherty found fault with prosecutors for basing their arguments against release on Grayson’s failures to meet expectations during the shooting.

“When the question before the court is whether defendant can be safely released prior to trial on appropriate conditions, it is inappropriate to dwell on whether he fell short of the high expectations society rightly has for its law enforcement officers,” Doherty wrote. “A defendant’s conduct may be reprehensible and deserving of punishment, but that is an inappropriate basis for imposing pretrial detention.”

The opinion ordered a court hearing for Grayson at which suitable conditions for his release be set.

* SJ-R early this morning…

Massey family supporters plan to protest outside of the Sangamon County Complex Monday morning when Grayson, charged with first-degree murder in the July 6 fatal shooting of Massey inside of her home, has a status hearing.

Circuit Court Presiding Judge Ryan Cadagin, who twice ordered Grayson to be detained under the Pre-Trial Fairness Act, and attorneys for the state and for Grayson are expected to work out a date for a hearing to consider conditions of his pre-trial release.

Those conditions could include home confinement or some type of monitoring.

Sangamon County State’s Attorney John Milhiser said his office was filing a leave to appeal to the Illinois Supreme Court asking for a review of the decision. Milhiser was also filing a request to stay the mandate pending the appeal to the supreme court.

* WICS has a full statement from Milhiser…

The Fourth District Appellate Court on November 27, 2024 issued an Order directing Sean Grayson be released from custody with conditions. I spoke to the family of Sonya Massey today after the opinion was released and told them that the Sangamon County State’s Attorney’s Office remains committed to seeking the continued pretrial detention of Sean Grayson. Defendant Grayson has demonstrated that he cannot comply with conditions and is a danger to the community after his inexcusable actions on July 6, 2024 when he shot Sonya Massey. The SAFE - T Act has made it less safe in communities across Illinois. Under the short time-frame required under the Act, we filed a Petition to Detain Sean Grayson, including relevant available information, and made appropriate arguments at the hearing. We agree with the Circuit Court’s determination that Defendant Grayson poses a threat to the community that cannot be mitigated with conditions and he should be detained while his case progresses. We will be filing a Petition for Leave to Appeal to the Illinois Supreme Court asking them to review the appellate court decision. We will also immediately be filing a Request to Stay the Mandate pending the appeal to the Supreme Court and ask that Defendant Grayson remain detained.

* The Illinois Network for Pretrial Justice…

The Illinois Network for Pretrial Justice is disappointed to see Sangamon County State’s Attorney John Milhiser blame the Pretrial Fairness Act for the Fourth District Appellate Court’s ruling that Sean Grayson should be released while awaiting trial for the murder of Sonya Massey.

Prior to the Pretrial Fairness Act, law enforcement officers charged with murder in connection with their official duties were typically given money bonds and quickly released—no matter how atrocious the act of violence they committed was. In 2019, for example, Jason Van Dyke’s $1.5 million dollar bond (requiring payment of $150,000) was paid the same day it was set, allowing him to remain in the community while he was accused of murdering Laquan McDonald.

The Pretrial Fairness Act has ensured that access to money is no longer the main factor determining who can return to the community while awaiting trial. In order for the court to order detention, prosecutors must prove that an individual poses a risk to community safety or is likely to intentionally evade prosecution.

It is unfortunately unsurprising that a police officer accused of this heinous act of violence against a Black woman is given the benefit of a careful, thorough review of the trial court’s detention decision. Law enforcement officers who commit murder and other violence are rarely prosecuted and even more rarely convicted. When police are criminally charged, court systems have always provided “more justice” than that given to the everyday people—disproportionately Black and Latine—who make up the vast majority of people prosecuted.

The Pretrial Fairness Act made enormous strides in making our pretrial system fairer and more equitable, but it did not and cannot eradicate all of the inequities in the criminal courts. There is no question that when civilians are accused of murder, judges overwhelmingly grant prosecutors’ requests for pretrial detention, and the Appellate Court overwhelmingly affirms that detention. The Illinois Appellate Court also routinely affirms detention of people accused of much less serious offenses and with much less evidence presented—often doing so in much shorter and more cursory opinions.

The Appellate Court must ensure it directs similar attention and careful review to the many cases of ordinary people detained awaiting trial. Special focus on ensuring access to appellate review is particularly essential given the 88% decrease in Pretrial Fairness Act appeals following the Supreme Court’s April amendment of the rules governing the appellate process.

We know this decision must be heartbreaking to Sonya Massey’s loved ones. It is important to acknowledge that this decision is not reflective of Mr. Grayson’s culpability, his likelihood of conviction, or what sentence he is likely to receive if convicted. The Appellate Court’s decision focuses narrowly on the evidence the State’s Attorney’s Office presented to the court to justify pretrial detention, a decision that is not supposed to serve as punishment or accountability. The vast majority of the case against Sean Grayson lies ahead. As the prosecution progresses, we continue to keep Sonya Massey’s family and community in our hearts.