* I somehow missed this video release in April. Ray Wylie Hubbard, Ringo Starr, Chris Robinson, Don Was and Joe Walsh? Wow. Guess I was distracted with other things…
Gov. J.B. Pritzker announced on Friday that Illinois’ ban on evictions would be extended until Nov. 22, as state officials continue to send grants to Illinois residents struggling to make ends meet.
Pritzker has extended the ban on evictions four times since he lifted the stay-at-home order at the end of May, when the state began to make significant progress in slowing the spread of the coronavirus.
The state’s ban on evictions will stretch into a seventh month with the governor’s order.
State officials are in the process of notifying those who won grants from a lottery used to distribute more than $300 million in help to landlords and tenants struggling to make ends meet. Funds began to flow on Thursday to those who applied for assistance paying their rent and mortgage, and should be completed by Nov. 10, according to officials with the Illinois Housing Development Authority.
PEOPLE v. FOLLIS
Cates Concurred In An Opinion Throwing Out A Man’s Confession To Sexually Assaulting A Child
In 2012, Ross D. Follis Jr. Was Charged With Predatory Criminal Sexual Assault Of A Child. “The State appeals from an order of the circuit court of Washington County granting the motion to suppress filed by defendant, Ross D. Follis, Jr. The issue raised in this appeal is whether the trial court erred in concluding that defendant was in custody at the time of the interview. We affirm. FACTS Defendant, age 18, was charged by information with one count of predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a)(1) (West 2010)) for allegedly committing an act of sexual penetration on the victim, who was 3 years of age, by inserting his finger in the victim’s vagina.” (Opinion, People v. Follis, Illinois 5th District Court of Appeals, Case #5-13-0288, 6/6/14)
When Interviewing Follis, An Officer Told Him That He Was Not In Custody, But Read Him His Miranda Rights And Had Him Initial A Form Indicating He Understood His Rights. “Even though the police officers said defendant was not in custody, Styninger read defendant his Miranda rights (Miranda v. Arizona, 384 U.S. 436 (1966)) from a police-department-issued form. Defendant nodded his head a few times, which Styninger interpreted as meaning that defendant understood his rights. Defendant initialed the individual paragraphs and signed the form. The interview was conducted in a room approximately 10 by 12 feet with the door closed, except when Officer Reel would occasionally leave.” (Opinion, People v. Follis, Illinois 5th District Court of Appeals, Case #5-13-0288, 6/6/14)
During The Interview With Police, Follis Confessed To Sexually Assaulting His Father’s Girlfriend’s Daughter. “The alleged victim was his father’s girlfriend’s daughter. During the interview, defendant admitted that he touched the victim’s vagina and the victim touched his penis. Defendant never admitted inserting a finger or anything inside the victim. Defendant agreed to make a statement. Defendant told Styninger what occurred and Styninger wrote it down. Defendant then signed the paper. Styninger testified that he never told defendant he was under arrest, but did tell defendant ‘multiple times’ that he could go home that day. Defendant asked the police officers after making the statement whether he needed a lawyer. Styninger responded that was up to defendant.” (Opinion, People v. Follis, Illinois 5th District Court of Appeals, Case #5-13-0288, 6/6/14)
The 5th District Appeals Court Affirmed The Lower Court’s Ruling Suppressing Follis’ Statement, Ruling That “It Is Abundantly Clear From The Record Before Us That The Defendant In This Case Did Not Knowingly And Intelligently Waive His Miranda Rights.” “Under these circumstances, we find the trial court did not err in finding that defendant was in custody during the interrogation by police on December 6, 2012. Both experts who examined defendant concluded that defendant could not knowingly, intelligently, and voluntarily waive his Miranda rights. It is abundantly clear from the record before us that the defendant in this case did not knowingly and intelligently waive his Miranda rights. The State does not even attempt to argue to the contrary here. Accordingly, we hereby affirm the order of the circuit court of Washington County which found defendant was in custody at the time of the interrogation and granted defendant’s motion to suppress.” (Opinion, People v. Follis, Illinois 5th District Court of Appeals, Case #5-13-0288, 6/6/14)
Cates Joined In The Opinion, But Did Not Write It. (Opinion, People v. Follis, Illinois 5th District Court of Appeals, Case #5-13-0288, 6/6/14)
(Opinion, People v. Follis, Illinois 5th District Court of Appeals, Case #5-13-0288, 6/6/14)
After His Confession Was Suppressed, Follis Was Able To Plead To A Lesser Charge And Avoid Jail Time
After His Confession Was Suppressed, Follis Pled Guilty To A Lesser Charge – Aggravated Battery To A Child Under The Age Of 13, Resulting In Bodily Harm – And Was Sentenced To 30 Months Probation. “A 20-year-old man was sentenced today in Washington County court to 30-months probation, after he pleaded guilty to a reduced charge of aggravated battery to a child under the age of 13, resulting in bodily harm – a Class 3 felony. Ross Follis was originally charged in the 2012 case with Class X felony predatory criminal sexual assault of a 3-year-old girl, but the Illinois Appellate Court ruled that Follis was indeed in custody at the time of an interrogation, and granted a defense motion that his confession be thrown out. Both experts in the case testified that Follis could not knowingly, intelligently and voluntarily waive his Miranda rights and prosecutors did not argue against that finding. The experts found Follis has the cognitive abilities of a 10-year-old and that both his short and long-term memory are impaired. In addition to serving 30-months probation, Follis also agreed to have no contact with the victim, pay $1,000 in fines and costs, plus a $250 DNA fee. He must also complete an evaluation and complete any specified treatment.” (“Nashville Man Gets Probation After Sex Crime Confession Tossed,” X95Radio, 1/27/15)
PEOPLE v. BURGUND
Cates Concurred In An Opinion That Granted A New Trial To A Man Who Confessed To Molesting His One- And Three-Year Old Daughters
In 2012, Michael S. Burgund Was Convicted Of Five Counts Of Predatory Criminal Sexual Assault Of A Child After He Repeatedly Molested His Two Young Daughters, Who Were Both Less Than Three Years Old When The Abuse Occurred. “The charges against the defendant stem from allegations that he committed acts of sexual penetration upon his two minor daughters, M.B. and K.B. At the time of the trial, M.B. was five years old, and K.B. was three years old. The alleged abuse occurred when M.B. was between the ages of 1 and 3½, and K.B. was between one and two years old.” (Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
Burgund Confessed To Police On Tape That He Had Molested His Daughters. “The State’s evidence of the defendant’s guilt consisted largely of a videotaped confession that he voluntarily gave to a detective with the Alton police department at a time when he was not under any suspicion of any wrongdoing.” (Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
Burgund Claimed That He Had Been Psychologically Manipulated Into Giving A False Confession By His Wife And Her Mother, Who Told Him They Had Supernatural Powers Of “Discernment.” “The defendant testified in his defense and denied abusing his daughters. His defense was based on a claim that he gave a false confession because of coercion, suggestion, and manipulation by Melissa and Buttry. He claimed that they created a coercive and accusatory psychological environment throughout his marriage. He emphasized that he, Melissa, and Buttry had deeply held religious beliefs and that Melissa’s and Buttry’s coercion involved religious overtones, false accusations of sexual lust, and claims by both Buttry and Melissa as to having God-gifted, supernatural powers of “discernment.” He maintained that the coercion ultimately caused him to falsely believe and confess that he had abused his children. He claims that, after his arrest and removal from Melissa’s and Buttry’s influence, he realized that he had given a false confession to crimes that had never occurred.” (Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
Burgund Appealed His Conviction, Saying The Trial Court Had Improperly Excluded Expert Testimony To Collaborate His Claim That He Had Been Manipulated Into A False Confession. “On appeal, the defendant argues that the circuit court improperly excluded testimony from witnesses who would have corroborated important aspects of his testimony concerning the psychological conditions leading up to his false confession, particularly his description of continual accusations by Melissa involving religious and sexual overtones and her claim to have the power of discernment. The defendant also argues that the court improperly excluded testimony from a psychological expert who would have opined that his psychological conditions made him highly suggestible and easily led, especially in matters involving religious or sexual overtones.” (Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
The Appeals Court Agreed With Burgund And Ruled That He Be Given A New Trial. “In the present case, we agree with the defendant that the circuit court improperly excluded evidence that was relevant to his version of the facts and the credibility of his confession. The errors unfairly impaired his substantial right to fully present his defense to the jury ‘so it may decide where the truth lies.’ Washington v. Texas, 388 U.S. 14, 19 (1967). As explained in detail below, because of the trial errors, we cannot confidently state that the defendant’s trial was fundamentally fair. Accordingly, we are obligated to order a new trial.” (Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
Cates Joined In The Opinion, But Did Not Write It. (Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
(Opinion, People v. Burgund, 5th District Court of Appeals, Case #5-13-0119, 11/22/16)
GLENN HOWARD
Cates Got Charges Against An Accused Child Molester Thrown Out
In 1989, Glenn Howard Was Accused Of Misdemeanor Sexual Abuse After Allegedly Making Sexual Advances On Multiple Girls Aged 5 To 9 Years Old, But Was Freed After The State Failed To Bring Him To Trial Quickly Enough. “Parents of four girls who are reported to have been sexually abused say they are fuming at prosecutors because the man charged with the attacks has been ordered freed. St. Clair County Associate Judge Robert Hillebrand threw out last week charges against the suspect, Glenn Howard, 35, of Mascoutah, after ruling that the St. Clair County state’s attorney’s office had failed to bring Howard to trial within 160 days. ‘’I'm mad at the state’s attorney’s office,'’ the father of one of the girls said. ‘Someone in that office should have kept track of the 160 days.’ ‘He got out of it and it’s just not right,’ said the mother of an 8-year-old girl whom Howard was accused of molesting. Howard was charged in July 1988 with four counts of misdemeanor battery for sexual advances he was alleged to have made to four girls. The girls, who were from 5 to 9 years old at the time, lived in the same neighborhood in Mascoutah. In January, the state’s attorney’s office added four counts of misdemeanor criminal sexual abuse against Howard. At that time, he and his attorney, Judy Cates of Belleville, asked for a speedy trial.” (“Sex-Case Suspect Freed; Girls; Parents’ Livid,” St. Louis Post-Dispatch, 5/30/89)
Cates Was Howard’s Lawyer, And Moved To Dismiss The Charges Against Him Despite The Fact That She Had Caused The Trial To Be Delayed So She Could Go On Maternity Leave. “St. Clair County State’s Attorney John Baricevic said Tuesday that charges against a man accused of sexually abusing four girls should be reinstated on appeal. The charges were thrown out last week by Associate Judge Robert Hillebrand because the case had not been tried within 160 days as the law requires if a defendant asks for a speedy trial. But Baricevic said the defense attorney, Judy Cates, had asked for a delay last fall for maternity leave. The dispute, Baricevic said, is when the time started running again. ‘Nothing slipped through the cracks,’ he said. ‘In my opinion, there’s 20 days left to try the case.’ The defendant, Glenn Howard, 35, is accused of misdemeanor battery for purportedly making sexual advances to four girls, ages 5 to 9, who lived in his neighborhood in Mascoutah. Baricevic said that in January, after Cates returned to work, the case was given a trial date in March. There were about 70 days remaining of the 160 allowed under Illinois’ speedy trial rules, he said.” (“Baricevic Defends His Office In Handling Of Sex-Abuse Case,” St. Louis Post-Dispatch, 5/31/89)
DONALD SAX
Cates Represented A Police Officer Who Sued The Belleville News-Democrat For Reporting That He Had Targeted Black Motorists
In 1991, Cates Represented Donald Sax – A Belleville Police Officer Who Had Been Reported To Have Targeted Black Motorists – In A Lawsuit Against The Belleville News-Democrat, Which Had Reported The Allegations Against Sax. “A police officer asked a judge Monday to order the Belleville News-Democrat to provide records that would help him decide whether to sue over a series of articles containing allegations of harassment of black motorists. Circuit Judge Jerome F. Lopinot of St. Clair County said he would decide today on the request by officer Donald Sax that the newspaper provide the records on which it based a story June 4 and subsequent stories about Belleville Police Department policies toward blacks. The first story said Sax wrote 77 percent of his tickets to blacks while on a special unit that a former officer and other unnamed sources told the newspaper was formed to harass blacks in the west end of Belleville. The newspaper said Sax had written the most tickets to blacks of all the officers on the unit. An attorney assisting Sax, Judy Cates, told Lopinot on Monday that a rule passed by the Illinois Supreme Court in 1989 allowed Sax to get the information before filing a suit because he did not know who had compiled the statistics for the News-Democrat. Cates said Sax could use the information to decide whether he would file a suit.” (Charles Bosworth Jr., “Officer Seeks Records Used By Paper In Alleging Harassment Of Blacks,” St. Louis Post-Dispatch, 7/16/91)
Sax Was Allegedly Part Of A Four-Officer Unit That Was Formed With The Express Purpose Of Harassing Black People. “The newspaper reported in June that its analysis of thousands of traffic tickets written in the late 1980s showed a high percentage going to blacks in west Belleville. The stories said that supported allegations by a former officer and 12 unidentified officers that a four-officer unit had been formed by Police Chief Robert Hurst to harass blacks. Hurst has denied that, saying the unit had been formed because of a series of burglaries in the area.” (Charles Bosworth Jr., “Officer Withdraws Petition Seeking Paper’s Records,” St. Louis Post-Dispatch, 7/31/91)
“The First Story Said Sax Wrote 77 Percent Of His Tickets To Blacks While On A Special Unit That A Former Officer And Other Unnamed Sources Told The Newspaper Was Formed To Harass Blacks In The West End Of Belleville.” (Charles Bosworth Jr., “Officer Seeks Records Used By Paper In Alleging Harassment Of Blacks,” St. Louis Post-Dispatch, 7/16/91)
Cates Sought To Force The Belleville News-Democrat To Turn Over Records It Had Used To Verify The Allegations Against Sax, Saying She Believed They Had Been “Altered.” “The stories said Sax had written 77 percent of the 160 tickets the team issued to blacks. Hurst has denied the allegations. He said the unit was formed in response to an outbreak of burglaries in that area. An attorney assisting Sax, Judy Cates, argued before Lopinot on Monday that Sax did not know who compiled the statistics used in the stories nor whom to sue if the figures were wrong. Cates said that before Sax could decide whether to sue, he needed the newspaper’s computations and the information from Tuft. Cates said Sax believed that the figures were wrong. She told the judge, ‘We need the documents we believe very strongly were altered to accentuate’ the newspaper’s allegations about harassment of blacks.” (Charles Bosworth Jr., “Give Data To Officer, Judge Says Belleville Newspaper Balks At Handing Over; Records,” St. Louis Post-Dispatch, 7/17/91)
The Belleville News-Democrat Was Initially Ordered By A St. Clair County Judge To Turn Over The Records Cates And Sax Were Seeking. “The Belleville News-Democrat was ordered by a judge Tuesday to provide its records to a police officer to help him decide whether to sue over a series of articles containing allegations of harassment of black motorists. The decision, by Circuit Judge Jerome F. Lopinot of St. Clair County, also orders a News-Democrat reporter, Carolyn Tuft, to submit to questioning about the stories she wrote. An attorney for the News-Democrat, Robert B. Hoemeke, said Tuesday that the order was unprecedented and went beyond concern over the rights of the press under the First Amendment.” (Charles Bosworth Jr., “Give Data To Officer, Judge Says Belleville Newspaper Balks At Handing Over; Records,” St. Louis Post-Dispatch, 7/17/91)
• Attorneys For The Belleville News-Democrat Said They Would Appeal, Saying The Order Violated The Illinois Reporter’s Shield Law. “Attorneys for the newspaper filed a notice that they would appeal the order issued Tuesday by Circuit Judge Jerome F. Lopinot of St. Clair County on a petition by Officer Donald Sax of Belleville. Lopinot ordered the News-Democrat to provide the records it used as the basis for its articles, and to make available the reporter, Carolyn Tuft, to answer questions under oath about her stories. Lopinot agreed to hear the request for the delay on July 30. The motion by Robert B. Hoemeke, an attorney for the News-Democrat, said Lopinot’s order violated the Illinois Reporter’s Shield Law, which allows questioning of news reporters only after exhausting other means of getting the information.” (“Paper Seeks Delay On Providing Data,” St. Louis Post-Dispatch, 7/18/91)
The Court Order Was Denounced By The St. Louis Post-Dispatch In An Editorial, Calling It A “Serious Threat To Any Newspaper’s Ability And Right To Gather Information Unhindered.” “A police officer in Belleville is so upset with the Belleville News-Democrat about stories that allege he harassed black motorists that he thinks he may want to sue. But he isn’t sure, so he has gone to court seeking access to the newspaper’s files to check its information. A judge in St. Clair County has agreed to give him that access. That decision is wrong and is a serious threat to any newspaper’s ability and right to gather information unhindered.” (Editorial, “Police Harassment,” St. Louis Post-Dispatch, 7/23/91)
Cates Ultimately Withdrew Her Petition, Saying She Would Review The Public Records Which Were The Basis Of The Report. “A police officer withdrew a petition Tuesday that had led to a judge’s order requiring the Belleville News-Democrat to provide its records to the officer. The officer, Donald Sax of Belleville police, had wanted the records to help him decide whether to sue the newspaper over articles about the alleged harassment of black motorists. Judy Cates, an attorney for Sax, said the petition had been withdrawn because the Illinois Reporter’s Shield Law requires that all other means of getting the information used in a story be exhausted before a reporter can be questioned or forced to produce records. She said that had not been done. Even though Circuit Judge Jerome F. Lopinot of St. Clair County ordered the newspaper on July 16 to provide the documents, Cates said Tuesday that she was seeking the dismissal until she had a chance to review the public records the newspaper said were the basis of the stories.” (Charles Bosworth Jr., “Officer Withdraws Petition Seeking Paper’s Records,” St. Louis Post-Dispatch, 7/31/91)
Cates Continued To Defend Sax’s Conduct, Saying The Belleville News-Democrat Had Failed To Report How Many Convictions Resulted From The Tickets Sax Wrote To Black Motorists. “Cates criticized the newspaper for reporting that a high percentage of black motorists were given traffic tickets in west Belleville without including the percentages of those charged who were convicted. ‘That’s a real important consideration,’ Cates said. ‘But we don’t get that information. Obviously, the News-Democrat doesn’t want us to get that information.’” (Charles Bosworth Jr., “Officer Withdraws Petition Seeking Paper’s Records,” St. Louis Post-Dispatch, 7/31/91)
* Cases are up, but so is testing. More importantly, hospitalizations are still increasing, as is the positivity rate. Press release…
The Illinois Department of Public Health (IDPH) today reported 4,554 new confirmed cases of coronavirus disease (COVID-19) in Illinois, the highest one-day case total, including 38 additional confirmed deaths. On September 4, 2020, IDPH reported 5,368 new cases of COVID-19 after a slowdown in data processing delayed reporting of some additional aggregate numbers. Cases not reported in the previous several days were included in the September 4, 2020 total. The slowdown did not affect the reporting of positive or negative results to individuals in any way.
Christian County: 1 female 80s, 1 female 90s
Clay County: 1 female 50s, 1 female 80s
Cook County: 1 female 40s, 3 male 50s, 1 female 70s, 2 females 80s, 1 male 80s
DuPage County: 1 male 70s, 1 female 90s
Fayette County: 1 male 80s
Ford County: 1 female 80s, 1 male 90s
Jefferson County: 1 male 60s, 1 female 90s
JoDaviess County: 1 male 80s, 1 male 90s
Lake County: 1 male 70s, 1 female 90s
Lawrence County: 1 male 70s
Madison County: 1 male 60s, 1 male 70s
McHenry County: 1 female 60s
Ogle County: 1 male 70s
Richland County: 1 female 70s, 1 female 90s
Rock Island County: 1 male 60s
Sangamon County: 1 female 80s
St. Clair County: 1 male 70s, 1 male 80s
Wayne County: 1 male 90s
Will County: 1 male 80s, 1 female 90s
Williamson County: 1 male 70s
Currently, IDPH is reporting a total of 336,174 cases, including 9,165 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. The preliminary seven-day statewide positivity for cases as a percent of total test from October 9 – October 15 is 5.1%. Within the past 24 hours, laboratories have reported 87,759 specimens for a total of 6,618,768. As of last night, 2,016 people in Illinois were reported to be in the hospital with COVID-19. Of those, 410 patients were in the ICU and 151 patients with COVID-19 were on ventilators.
IDPH is including both molecular and antigen tests in the number of statewide total test performed in Illinois. Previously, due to the limited number of antigen tests and limited information about antigen test accuracy, antigen tests were not included in the total number (which comprised less than 1% of total tests performed). Antigen tests, like BinaxNOW™, are now becoming more readily available, therefore, IDPH will include both molecular and antigen tests in its total number of tests starting October 15, 2020.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting separately both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for a death previously reported has changed, therefore, today’s numbers have been adjusted. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.
*** UPDATE 1 *** Press release…
he Illinois Department of Public Health (IDPH) today reported 34 counties in Illinois are considered to be at a warning level for novel coronavirus disease (COVID-19). A county enters a warning level when two or more COVID-19 risk indicators that measure the amount of COVID-19 increase.
Thirty-four counties are currently reported at a warning level – Adams, Alexander, Boone, Cass, Christian, Clay, Clinton, Crawford, DeKalb, DeWitt, Jasper, Jefferson, Jo Daviess, Johnson, Kane, Lee, Macon, McDonough, McHenry Mercer, Monroe, Pike, Pulaski, Randolph, Saline, Stephenson, Union, Vermilion, Warren, Washington, Wayne, Whiteside, Will, Winnebago.
Although the reasons for counties reaching a warning level varies, some of the common factors for an increase in cases and outbreaks are associated with gatherings in people’s homes, weddings and funerals, bars and clubs, university and college parties as well as college sports teams, family gatherings, long-term care facilities, correctional centers, schools, and cases among the community at large, especially people in their 20s.
Public health officials are observing businesses blatantly disregarding mitigation measures, people not social distancing, gathering in large groups, and not using face coverings. Mayors, local law enforcement, state’s attorneys, and other community leaders can be influential in ensuring citizens and businesses follow best practices.
Several counties are taking swift action to help slow spread of the virus, including increasing testing opportunities, stressing the importance of testing to providers, hiring additional contact tracers, working with schools, and meeting with local leaders.
IDPH uses numerous indicators when determining if a county is experiencing stable COVID-19 activity, or if there are warning signs of increased COVID-19 risk in the county. A county is considered at the warning level when at least two of the following metrics triggers a warning.
• New cases per 100,000 people. If there are more than 50 new cases per 100,000 people in the county, this triggers a warning.
• Number of deaths. This metric indicates a warning when the weekly number of deaths increases more than 20% for two consecutive weeks.
• Weekly test positivity. This metric indicates a warning when the 7-day test positivity rate rises above 8%.
• ICU availability. If there are fewer than 20% of intensive care units available in the region, this triggers a warning.
• Weekly emergency department visits. This metric indicates a warning when the weekly percent of COVID-19-like-illness emergency department visits increase by more than 20% for two consecutive weeks.
• Weekly hospital admissions. A warning is triggered when the weekly number of hospital admissions for COVID-19-like-illness increases by more than 20% for two consecutive weeks.
• Tests performed. This metric is used to provide context and indicate if more testing is needed in the county.
• Clusters. This metric looks at the percent of COVID-19 cases associated with clusters or outbreaks and is used to understand large increase in cases.
These metrics are intended to be used for local level awareness to help local leaders, businesses, local health departments, and the public make informed decisions about personal and family gatherings, as well as what activities they choose to do. The metrics are updated weekly, from the Sunday-Saturday of the prior week.
A map and information of each county’s status can be found on the IDPH website at https://www.dph.illinois.gov/countymetrics.
Gov. J.B. Pritzker warned Illinois residents Friday that the entire state is seeing a surge in confirmed cases of the coronavirus, as the state set a single-day record for new infections and reported 38 deaths linked to the virus.
“I am deeply concerned,” Pritzker said. “We are in a new wave here.” […]
Despite the surge, Pritzker said he was not considering imposing another stay-at-home order. Instead, he said he would impose restrictions region by region to stop the spread of the coronavirus.
The mayor of Rockford is among leaders in northwest Illinois pushing back on a state mandate that shut down indoor dining in the region.
Rockford Mayor Tom McNamara said the order from Gov. J.B. Pritzker to move Region 1 into Tier 2 mitigation status with additional restrictions because of an increase in positive COVID cases amounts to a death sentence for local bars and restaurants.
“They have implemented every single one of the mitigation factors that we have asked them to do,” McNamara said. “They take reservations. They’ll check temperatures. They’ll use hand sanitizer. They’ll not place utensils at the table. But to be closed down for indoor dining, as we are going into the colder weeks and months, we’re really just saying close your doors, you’re not going to make it through the holiday season.”
If they had actually been following the guidelines, then the region wouldn’t be so out of whack. Winnebago County’s latest one-day positivity rate was 14.7 percent.
Today, Betsy Dirksen Londrigan’s campaign released three new television ads highlighting the contrast between Dirksen Londrigan’s campaign focused on access to quality, affordable health care, beating this pandemic and rebuilding our economy, and Congressman Rodney Davis’ failure to support Central Illinois families. The 30-second ads will air in the Champaign-Springfield-Decatur and St. Louis media markets as part of a districtwide buy that includes broadcast, cable, and digital platforms.
In “Leader,” Dr. Bob Vautrain, former Chief Medical Officer for SIU Physicians & Surgeons, reminds voters of Davis’ disastrous health care record: Davis voted to strip pre-existing condition protections each of the 11 times he voted to repeal the Affordable Care Act without a replacement. Repealing the Affordable Care Act would strip health care coverage from millions, including more than 31,000 in Illinois’ 13th District alone, and remove protections for the more than 282,500 13th District residents with pre-existing conditions.
“Problem” tells the story of Ross Richardson, the owner of a Springfield staple, The Feed Store, who got the runaround while applying for Paycheck Protection Program loans to save his family business during the pandemic. While The Feed Store, and many small businesses like it across the district, struggled to access the program, Davis’ own family got to the front of the line, receiving more than $1 million in PPP loans two days after they became available.
Meanwhile, Davis voted twice against much-needed transparency for the PPP loans. Davis voted against the TRUTH Act as well as against the formation of a House committee to oversee COVID-19 relief spending and prevent waste and abuse of the funds.
“Back” features Dirksen Londrigan laying out her plans to beat COVID-19 with access to quality, affordable health care, lower premiums and prescription drug prices. Then rebuilding the economy by rebuilding manufacturing, creating job training programs, and helping local small businesses create jobs.
Together, the ads emphasize the stark contrast between Dirksen Londrigan and Davis. Dirksen Londrigan entered this race to improve health care for families across Illinois and fight for her community in Congress. Meanwhile, Davis has spent his time in Congress supporting special interests over Illinois voters’ interests, including his repeated votes to gut health care, keep drug prices high, and put the interests of corporations over people in Central Illinois.
Betsy: This is what the coronavirus has done to our economy.
I’m Betsy Dirksen Londrigan.
It’s going to take a lot of work, but we can bring our cities and towns back.
It starts by beating this virus with access to quality, affordable health care for everyone, lower premiums and prescription prices, rebuilding manufacturing here at home, job training programs, and help for local small businesses to create jobs.
I approve this message because this is how we get Illinois open for business again.
Officially, state funding for higher ed is flat this budget year. But as the pandemic continues, experts warn its unlikely public universities will survive unscathed. Absent more federal aid, Governor JB Pritzker’s threat of 5% to 10% across-the-board budget cuts could be disastrous for some public universities. The pandemic has created an estimated $6.5 billion dollar budget shortfall in Illinois this year. When there’s economic recessions, higher ed is usually the first to see cuts.
“Higher ed is facing a cliff,” said Jennifer Delaney, a higher education policy professor at the University of Illinois at Urbana-Champaign. “We’ve been delayed a bit by the federal stimulus money, but by the start of the year, certainly in next academic year, we’re going to fall off the cliff in terms of the state’s ability to fund higher ed.”
This is especially unwelcome news to regional public universities like Eastern or Western Illinois. Many are still recovering from the budget impasse that forced mass layoffs and pushed a few public universities to the brink of closure. An infusion of money since then by Governor Pritzker was quickly undercut by COVID-19.
“We thought the budget impasse was bad,” Applegate said. “We didn’t know it was just bootcamp training for the pandemic.”
The pandemic hasn’t just hurt revenue streams, but it’s increased costs as well. The University of Illinois at Urbana-Champaign has spent $44 million on reopening so far this fall, including on personal protective equipment, quarantine housing and their expansive COVID-19 testing operation.
* We’re going to look at this BGA story in two different posts. Let’s start with this…
In recent months, IDES has issued around 1% of its unemployment checks within seven days of the initial applications, making it the slowest state in the nation by that measure. Before the pandemic, it was among the fastest.
On some key federal measurements for processing unemployment claims, IDES performed better during the pandemic than other big states or than the nation as a whole. Still, Illinois failed to meet standards in five of 10 performance measures collected by federal authorities, ranging from timely benefits distribution to the soundness of internal audits that detect fraud and underpayments. The Pritzker administration denied a request for these scorecards, but the BGA obtained them anyway. […]
In 2010, the year after Democratic Gov. Pat Quinn took office, the agency headcount stood at almost 2,000. That number declined to around 1,300 when Republican Gov. Bruce Rauner took over in 2015. When Pritzker assumed office in 2019, there were 1,100, records show.
By April, the IDES staff level had slipped to 1,041, according to state records.
“Illinois had been struggling to onboard new employees faster than the rate of attrition,” Chan told the state’s Employment Security Advisory Board.
“In other words, heading into this downturn, our baseline staffing numbers, the employees hired to operate our programs and meet minimum federal performance standards, were, despite our best efforts, at an all-time low.”
What’s more, experience had been drained from the agency.
In 2014, Chan told the panel, about 86% of IDES’ workforce had more than five years’ experience with the agency. By June it had dropped to 67%. Managers “are serving in multiple roles and performing the work of multiple employees,” Chan said, according to the board’s meeting minutes.
Amid the pandemic, on April 29, IDES contracted with a private accounting firm to bolster the force of 100-plus IDES staffers answering phones. But those new agents often did not have adequate training to answer even the simplest questions, instead transferring claimants to the better-trained IDES employees, records show.
Emails between Hynes and then-IDES Acting Director Thomas Chan — obtained by the BGA through a public records request — detail the pressure inside IDES as Illinois’ PUA program was rolled out.
“Folks — I am counting on you to launch the independent contractor unemployment system ASAP and no later than May 11,” Pritzker wrote to Chan and Hynes at 7:43 a.m. on May 4. “Can you confirm that will happen? JB.”
IDES hustled to update its policies and computer code, and minutes before midnight on May 10 Chan emailed Hynes that he and aides did a test run by filing a small sample of claims.
“Minor hiccups but no show stoppers,” Chan wrote.
Within 10 minutes of Illinois’ PUA system going live the next morning, on May 11, more than 1,500 people applied for benefits through the state portal, records show. Hynes conducted his own test minutes later.
“I called the 800 number. Hit the correct prompts for PUA,” Hynes wrote in an email to Chan at 8:01 a.m.
An automated voice told Hynes there was a high volume of calls. Then it hung up on him, Hynes emailed.
“It’s not even 830,” Hynes wrote. “This is not good.”
…Adding… I was just telling someone on the phone that I figured the “slowest state in the nation” would find its way into the 2022 campaign. The opposition isn’t waiting that long…
“It was under Governor Pritzker’s watch, and his watch alone, that the state’s unemployment agency was hollowed out, leaving them understaffed and vulnerable at a time when millions of Illinoisans were depending on assistance,” said Kayleen Carlson, executive director of Illinois Rising Action. “For months, hardworking Illinoisans were misled by Governor Pritzker and his administration for the reasons as to why they could not properly file and receive their unemployment benefits. These failures rest solely at the feet of Governor Pritzker and his administration.”
That statement is just downright ridiculous and false. But it’s par for the course for that outfit. And ‘22 is gonna be just like this if the GOP fields a candidate with enough money and gall to make it a race.
* Very top of the page at The Southern Illinoisan’s website…
Overstreet is a Republican running for the Illinois Supreme Court against Democrat Judy Cates.
The ad links to a page sponsored by the Clean Courts Committee. The recently created campaign committee filed a $421,400 A-1 the other day. Click here and you’ll see the contributors are all major trial lawyer firms.
Despite a temporary rule that extends the expiration dates for Firearm Owners Identification cards and concealed carry permits, many Illinois gun owners are still finding it difficult to buy weapons and ammunition.
That was one of the issues that came up Wednesday during a meeting of the Joint Committee on Administrative Rules, a legislative body that oversees the state’s regulatory processes.
“The problem that that a lot of my constituents are having is firearms dealers and businesses are not accepting the FOID cards that are expired, even though they know … that the state of Illinois has said, hey, they’re still good beyond the expiration date,” state Sen. Paul Schimpf, R-Waterloo, said during the hearing.
Schimpf was speaking to officials from the Illinois State Police, which recently renewed an emergency rule first adopted in April that extends the expiration date of FOID cards and concealed carry permits by 12 months, as long as the permit holder submits a renewal application. On Sept. 3, the agency extended that rule to 18 months.
ISRA Executive Director Richard Pearson said it’s been months for some and “a right delayed is a right denied.”
“This is a right, whether people like it or not,” he said. “It’s in the Bill of Rights and it is a fundamental right and you’re denying these people their fundamental rights because you’re delaying them.”
With tens of thousands of backlogged FOID and concealed carry cards, some consumers have reported they can’t buy guns and ammunition. That’s despite ISP filing an emergency rule to make expired cards valid during the pandemic and for 12 months after. However, some retailers won’t accept expired cards.
“The ISP Firearms Services Bureau encourages FOID cardholders and CCL holders to keep a copy of their confirmation from their submitted renewal application as additional verification of compliance,” ISP spokesperson Mindy Carroll said.
But it’s not just brick-and-mortar stores that may deny a sale in the case of an expired card. Pearson said some may be out of luck online too.
“They can’t get it locally and so they have to try to order [from an internet retailer] and they can’t get it because they don’t have a valid FOID,” he said.
Republican congressional candidate Jim Oberweis will continue to air a misleading advertisement about Democratic rival Lauren Underwood.
The Daily Herald, the Chicago Sun-Times and the Better Government Association’s PolitiFact Illinois fact-checking enterprise have disproved the 30-second commercial’s implication that Underwood described recent looting and riots as “beautiful protests.”
But that hasn’t been enough to sway Oberweis to pull the spot.
“The ads are staying up,” campaign spokesman Travis Akin said in an email this week.
The ad begins by saying, “Betsy Londgrigan is lying to you,” then using a quote of her saying, “I have not taken any money from Speaker Madigan.”
The narrator continues, “The truth is Madigan spent nearly $300,000 to elect Londrigan.”
That $300,000 did not come from the controversial Illinois Speaker of the House, but from the Democratic Party of Illinois.
While Madigan is the chairman of the party, the group party is dedicated to electing Democrats to offices in all of Illinois and makes donations to numerous Democratic candidates.
The [Dirksen Londrigan] ad goes to state, “The PPP loan debacle; Davis’ family got to the front of the line for a million dollar payout.”
It’s true that Davis’ father and brother own several fast food franchises in central Illinois and they did receive federal PPP (Paycheck Protection Program) funds.
But there is no evidence showing Rep. Rodney Davis had anything to do with his family getting PPP.
And the Davis campaign stated that he “has no financial stake or involvement in his dad and brother’s franchises and was not involved in their PPP loan application through their local bank.”
The claim is misleading because there was no line to get PPP, and to date almost 700,000 businesses received government aid.
The ad also says, “and he (Davis) voted to keep it secret while businesses and families suffered.”
Davis did vote “No” in those measures, which did not pass the U.S House, but the first bill cited in the ad would only have disclosed those business that received more than $2 million in PPP. Davis’ family received less than that.
Gov. J.B. Pritzker didn’t answer questions Wednesday about why the Vote Yes For Fairness campaign spent more than $10,000 with Facebook to promote a fake tweet in an effort to persuade voters to support a progressive income tax amendment.
Pritzker has given $56.5 million to Vote Yes For Fairness, which is working to persuade voters to change the state’s flat income tax to a progressive income tax system with higher rates for higher earners. Voters will decide on the constitutional amendment on Nov. 3.
On Oct. 9, Vote Yes For Fairness shared a screenshot on Facebook of a tweet from @Liz_Uihlein. The Uihlein family owns Uline, one of the largest companies in Illinois. Vote Yes For Fairness also spent between $10,000 and $15,000 to promote the fake tweet on Facebook, with a potential reach of more than 1 million people, according to publicly available information from the social media giant.
The fake account purportedly belonged to Liz Uihlein, president of Uline. But Liz Uihlein said through a spokesperson that the Twitter account was fake. The account soon was removed from Twitter. But Vote Yes For Fairness kept its Facebook ad promotion of the fake tweet going through Tuesday, several days after it was disavowed.
Monroe County State’s Attorney Chris Hitzemann filed a “motion for nolle prosequi” Thursday, declining to prosecute a citation issued by Illinois State Police to Washy’s Saloon in Waterloo last month when it failed to abide by mitigation efforts as ordered by Gov. JB Pritzker that prohibited indoor service of patrons.
“The citation in this matter states that defendant violated 20 ILCS 2305/8.1, particularly Rule 690.40, by allowing indoor service of patrons,” the filing states. “No such rule exists; however, the state presumes that the citation intended to cite Rule 690.50. Nowhere in (that rule) is indoor service of patrons prohibited.”
On Sept. 17, ISP visited Monroe County to see if bars and restaurants were complying with mitigation measures aimed at curbing the spread of the virus in the metro east. Those mitigations have since been lifted in the metro east. […]
“In response to a consistently high positivity rate in Region 4 and complaints about a small number of businesses violating public health rules, the Illinois Department of Public Health requested assistance from the Illinois State Police in our role of helping to enforce IDPH emergency rules,” ISP Central Acting Deputy Chief Mindy Carroll said at the time. “As outlined in the administrative rule, enforcement is an incremental process starting with a notice of non-compliance. If businesses continue to not comply, as has been the case in some instances in Region 4, state or local law enforcement can issue the business a misdemeanor citation, similar to enforcing indoor smoking laws. Local state’s attorneys determine how to proceed as they would in any other misdemeanor case.”
A nolle prosequi is the formal entry of record by the prosecuting attorney by which he or she declares that he or she is unwilling to prosecute a case.
That’s it. And with the restrictions now lifted in the region, why even bother?
