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* Background from the Independent…
In the disturbing case of an Illinois teen allowed to walk free after being convicted of rape, all eyes have turned on the judge.
Adams County Judge Robert Adrian sparked nationwide outrage with his ruling on the case of 18-year-old Drew Clinton, who was found was found guilty of raping a 16-year-old girl at a graduation party in May 2021.
Clinton pleaded guilty to all charges against him and his defence claimed he believed the sex was consensual.
But despite the October conviction for felony sexual assault, Judge Adrian on 3 January freed Clinton - who faced a minimum sentence of four years - from jail after a mere 148 days, saying that was “plenty of punishment”.
Judge Adrian has subsequently faced heated calls to step down from the bench over his perceived miscarriage of justice.
* Press release…
Attorney General Kwame Raoul today filed a petition for a writ of mandamus urging the Illinois Supreme Court to order Judge Robert K. Adrian to impose a lawful sentence in an Adams County sexual assault case that has attracted national attention.
Attorney General Raoul filed the mandamus complaint and a motion for supervisory order today asking the Illinois Supreme Court to direct Judge Adrian to sentence Drew S. Clinton in accordance with state law. Adrian found Clinton guilty of felony criminal sexual assault following a bench trial in October 2021. On January 3, 2022, Adrian vacated Clinton’s conviction, which resulted in Clinton being released from the county jail.
“The mandatory sentencing range set by the Illinois General Assembly for felony criminal sexual assault is four to 15 years in prison. In addition to the insensitivity to the victim in this case, the judge’s decision to vacate the conviction and call the 148 days Clinton served in county jail ‘plenty of punishment,’ demonstrates an abuse of power,” Raoul said. “I appreciate our collaboration with the Adams County State’s Attorney and the Illinois Office of the State’s Attorney Appellate Prosecutor. I am urging the Illinois Supreme Court to direct the judge to sentence the defendant in accordance with state law.”
Clinton was charged with three counts of criminal sexual assault for assaulting a minor female at a graduation party in Quincy, Illinois. The 16-year-old victim was unable to give consent when she was assaulted by Clinton, who was 18 years old at the time. Adrian found Clinton guilty of one count of criminal sexual assault, a felony, after a bench trial that included testimony from the victim and witnesses at the party. However, when sentencing Clinton, Adrian plainly stated his intention to not sentence Clinton to prison, as mandated by Illinois’ mandatory minimum sentencing requirements, saying the almost five months Clinton had already served in the county jail was “plenty of punishment.” Instead, Adrian vacated the conviction and released Clinton from custody. Raoul’s mandamus complaint urges the court to order Judge Adrian to reinstate the verdict and issue a sentence consistent with the mandatory sentencing range set in statute.
“Victims of sexual assault often make the decision to not come forward because they believe that the criminal justice system will not believe them nor protect them. The victim in this case took the brave steps of reporting the crime, cooperating with the investigation, and testifying at trial. Because of her courage, the defendant was convicted of his crime. There is nothing more frustrating and disheartening to our community, this victim, and to all victims of sexual assault when any defendant avoids the legal consequences of his conduct,” Adams County State’s Attorney Gary Farha said. “We appreciate the hard work of the Attorney General and the Appellate Prosecutor’s Office in ensuring that this brave young woman have the opportunity to hold her attacker responsible.”
In the complaint, Raoul points out that criminal sexual assault is a Class 1 felony with a statutory sentence range of four to 15 years in prison. Raoul argues that Adrian exceeded his authority when he concluded – in defiance of the General Assembly’s intent – that 148 days in county jail was a “just sentence” due to Clinton’s age and lack of criminal record. Raoul points out that by refusing to enforce a valid criminal statute, the judge acted as a quasi-legislator and usurped the authority of the legislative branch while undermining confidence in the judicial process. Raoul further argues that Judge Adrian’s comments at the sentencing hearing demonstrate his own recognition that he lacked the authority to depart from the mandatory minimum sentencing range.
Judge Adrian’s sentence attracted national attention and widespread criticism.
posted by Rich Miller
Thursday, Feb 10, 22 @ 4:17 pm
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You haven’t heard a peep out of Jim Durkin & company? I can’t qwhite put my hand on why.
Comment by Google Is Your Friend Thursday, Feb 10, 22 @ 4:22 pm
He was found guilty sentenced then vacated doesn’t double jeopardy come into play. I suppose it could be an illegal order do void and then could be sentenced. Good for the AG. Didn’t the state attorney appeal?
Comment by DuPage Saint Thursday, Feb 10, 22 @ 4:30 pm
==You haven’t heard a peep out of Jim Durkin & company? I can’t qwhite put my hand on why.==
Crime in areas that vote for Democrats is bad and crime that is in areas that vote Republican does not exist and if you say it does exist you’re a liar and also the real racist and why are you making this about race and…..
Comment by Nuke The Whales Thursday, Feb 10, 22 @ 4:39 pm
Thank you AG Raoul, I hope this corrects the tragedy of the judge’s actions.
Comment by Lincoln Lad Thursday, Feb 10, 22 @ 4:51 pm
-Didn’t the state attorney appeal?-
The AG represents the State in the Supreme Court.
Comment by Bigtwitch Thursday, Feb 10, 22 @ 5:00 pm
Following a bench trial, the trial judge found the defendant guilty. After hearing defendant’s post trial motion, the judge reversed his ruling and found the defendant not guilty.
If there is a legitimate legal basis for finding defendant not guilty, then the Judge’s comment about “punishment enough” is not a legitimate basis for the AG to get involved. BTW, the Prosecutor doesn’t have the right to appeal a verdict for defendant.
Comment by Platitudinus Thursday, Feb 10, 22 @ 5:05 pm
= He was found guilty sentenced then vacated doesn’t double jeopardy come into play. =
1. He wasn’t sentenced.
2. Double jeopardy definitely comes into play. According to the docket sheet, following arguments on the usual post-trial motions, the court ruled: “People have failed to meet the burden of proof to prove def guilty of count 3. Guilty verdict is overturned and def is found NOT GUILTY.”
Based on what I know of previous case law involving judgments notwithstanding the verdict, the AG is going to have a tough time with this.
Comment by JoanP Thursday, Feb 10, 22 @ 5:11 pm
the AG is giving it a try in the face of a horrible judicial decision that shamed the victim. Happy to see someone seeking justice for a victim.
Comment by Amalia Thursday, Feb 10, 22 @ 5:27 pm
Huh, I thought there was a comms shop or two dedicated to blasting the Governor for every under-prosecuted offender in the state. Here we’ve got an activist judge refusing to enforce mandatory minimums for a violent offender. Where are those press releases?
Comment by vern Thursday, Feb 10, 22 @ 5:34 pm
Very encouraging, didn’t actually know who the Illinois Attorney General was.
Too bad every year isn’t an election year.
Comment by Country Road Thursday, Feb 10, 22 @ 5:45 pm