* For whatever reason, Will County Circuit Judge Dave Carlson decided to blame the SAFE-T Act for forcing him to release a full-timemember of the notorious Outlaws motorcycle gang from jail who was accused of murder and concealing the body. From April…
A Will County judge suggested that he may have no choice under the state’s SAFE-T Act but to release Jeremy Boshears ahead of his second trial for murder in the 2017 shooting of a woman at the clubhouse for the Joliet Outlaws motorcycle gang.
Circuit Judge Dave Carlson made his comments at a Wednesday hearing in which a prosecutor contended that Boshears is a threat to witnesses and the community, while his defense attorney pointed to his record in more than six years of being in jail as someone who “follows the rules.”
Carlson questioned whether the charges pending against Boshears mattered under the SAFE-T Act law that eliminated cash bail and set standards by which defendants could be held in jail before trial.
Calling the Illinois standards the “most lenient” in the nation, Carlson asked attorneys: “Aren’t we supposed to essentially set a blind, false standard for pretrial release? Isn’t that where we’re at in the state of Illinois? Aren’t we supposed to say, ‘You’re charged with a crime, but we’re going to let you go until you’re found guilty?’”
* About a week later…
A Will County judge granted the jail release of a Coal City man who had been previously convicted of a 2017 murder at the Joliet Outlaws clubhouse but also ordered his ruling to not take effect for 21 days. […]
Carlson said he hoped his decision in Boshears’ case would illustrate all the potential problems he believed existed with the SAFE-T Act and the law’s demands on the judicial branch when considering defendants’ pretrial release. […]
Carlson said he was not going to get into the politics surrounding the SAFE-T Act or his own feelings regarding it, but he nevertheless said the law “poses more questions than answers” and puts judges in a “really, really bad spot.”
Judge Carlson retired the following day.
* Fast-forward to early May…
Prosecutors argue a former Will County judge refused to make several findings in accordance with a provision of the SAFE-T Act when he ordered the release of a man charged with murder, such as whether he posed a threat to others and the community. […]
In the May 6 motion, Will County Assistant State’s Attorney Mark Shlifka said there is a statutory requirement that judges make specific findings for detention hearings under the Pretrial Fairness Act.
However, Shlifka argued Carlson refused to make those findings at Boshears’ April 29 court hearing in accordance with the act. […]
Shlifka’s motion argued Carlson “explicitly and intentionally chose not to follow the [Pretrial Fairness Act], or make the requisite findings.”
* The new judge agreed with prosecutors…
A new detention hearing was held for a man charged with murder after a Will County judge determined a retired judge failed to follow requirements under a provision of the SAFE-T Act when allowing the man’s jail release.
On Thursday, Will County Judge Jessica Colón-Sayre vacated a court order from former Judge Dave Carlson that allowed the pretrial release of Jeremy Boshears, 39, of Coal City. Boshears stands charged for a second time with first-degree murder and concealment of a woman’s homicide at the Joliet Outlaws clubhouse.
Colón-Sayre determined Carlson failed to make findings on whether there was clear and convincing evidence that Boshears committed the offenses he’s charged with, posed a threat to others and was a flight risk. […]
Colón-Sayre said while the changes to the legal system brought on by the SAFE-T Act posed a challenge for Carlson, judges still have to follow the law and provide a record that allows for appeals by defense attorneys and prosecutors.
* And an Illinois appellate court has since upheld the detention order…
An appellate court upheld the pretrial detention of a former Joliet Outlaws motorcycle club member who for a second time is facing charges of killing a woman and hiding her body.
Carlson “failed to make the adequate findings” required by the SAFE-T Act and he then “retired from the bench,” according to [Appellate Court Justice Lance Peterson]. […]
While Boshears has no criminal history, his dangerousness was evident from the “nature and circumstances of the offenses,” his access to weapons and his first murder conviction, the appellate court noted.
More details about the crime are in the appellate ruling, so click here. Ugh. That is one dangerous defendant, and that was a very dangerous judicial temper tantrum.
Also, the county state’s attorney sued to block the SAFE-T Act from taking effect. And now, that same state’s attorney has successfully used the new law to keep a dangerous person behind bars.
Funny how life works.
- Nick - Thursday, Jan 16, 25 @ 12:33 pm:
>>>Carlson said he was not going to get into the politics surrounding the SAFE-T Act or his own feelings regarding it
And yet he very obviously did, womp.
- Telly - Thursday, Jan 16, 25 @ 12:38 pm:
== puts judges in a “really, really bad spot.” ==
He’s saying the quiet part out loud. Cash bail kind of served as a CYA for judges in bond court. It shielded them from the criticism they might face if a suspect they released committed a new crime while awaiting trial. Because of the Safe-T Act, that shield is gone. They have to make a binary decision to hold or not hold a suspect. Cash bail was a middle ground that helped them avoid some accountability.
- Numbers - Thursday, Jan 16, 25 @ 12:49 pm:
The SAFE-T Act has shown the number of Illinois judges that are incapable or unwilling to read and understand a new law.
- Original Rambler - Thursday, Jan 16, 25 @ 12:52 pm:
Judges get paid the big bucks to make hard decisions. Amazing how Carlson ran when he was faced with actually performing the responsibilities of the job. Weak. The more I see how the Safe-T-Act is being implemented the more I’m impressed with it. Well done IGA.
- charles in charge - Thursday, Jan 16, 25 @ 1:15 pm:
==Cash bail kind of served as a CYA for judges in bond court. It shielded them from the criticism they might face if a suspect they released committed a new crime while awaiting trial. Because of the Safe-T Act, that shield is gone.==
DING DING DING
This is it, exactly. It’s the same reason why some prosecutors and their surrogates keep complaining about the Act’s requirement that, in order to have someone jailed pretrial, prosecutors must ask for detention. It’s 100% about avoiding accountability.
- Lincoln Lad - Thursday, Jan 16, 25 @ 1:28 pm:
Don’t know the judge, was he throwing a tantrum and let a dangerous defendant out as part of it, or was he perhaps at a stage of his life that it was best that he leave the bench and retire?
- charles in charge - Thursday, Jan 16, 25 @ 1:51 pm:
==Don’t know the judge, was he throwing a tantrum and let a dangerous defendant out as part of it, or was he perhaps at a stage of his life that it was best that he leave the bench and retire?==
Both things could easily be true.
- charles in charge - Thursday, Jan 16, 25 @ 1:54 pm:
==was he perhaps at a stage of his life that it was best that he leave the bench and retire?==
Carlson is 52 years old, for the record. Maybe he never should have been on the bench in the first place?
- TheInvisibleMan - Thursday, Jan 16, 25 @ 1:59 pm:
“Funny how life works.”
Indeed.
Back in 2004 - 2005 this judge was also briefly an ASA working under the same current SA who fought to prevent the SAFE-T act. Now that he’s retired as a judge, he’s opened a law office to practice law - in Will County.
And if the name of that current Will county ASA mentioned in the story sounds familiar, he had his own legal troubles when he was the Chief ASA of neighboring Kendall County. Last month, the ARDC hearing board found him in violation of 2 of the 3 charges brought against him.
–
December 2024
The Hearing Board recommended a three-year suspension due to Respondent’s serious misconduct, minimal mitigation, and significant aggravation, including betraying the public trust, engaging in a selfish pattern of misconduct, and lacking remorse for the harm he caused
–
https://www.iardc.org/File/View/4915-1741-5686?FileName=In%20re%20Mark%20A.%20Shlifka%2C%20Attorney%20Number%206198254.pdf
That’s the current ASA in Will County, right now. Continuing on with what seems like zero consequences for his behavior.
Funny stuff.
- charles in charge - Thursday, Jan 16, 25 @ 2:28 pm:
==That’s the current ASA in Will County, right now. Continuing on with what seems like zero consequences for his behavior.==
Has any reporter asked Jim Glasgow why he would hire this creep Shlifka? Perhaps they should . . .
- JoanP - Thursday, Jan 16, 25 @ 2:30 pm:
@ TheInvisibleMan -
I think you’ve got the wrong Mark Shlifka. There is a Mark A. Shlifka and a Mark Allen Shlifka. Mark Allen is an ASA in Will County; Mark A. is the former Kendall County ASA, now in private practice.
- Jim Rosen - Thursday, Jan 16, 25 @ 2:40 pm:
@TheInvisibleMan -
The Shlifka in Will County is not the same one in Kendall County and also way younger as well. Possibly his son.