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A little context, please

Posted in:

* This WBBM Radio story is completely devoid of context

McHenry County’s top prosecutor said he witnessed “absurd and incoherent” results in court Monday, as the state ended cash bail in Illinois.

State’s Attorney Patrick Kenneally offered two examples of people he would like to have seen put in jail, pending trial, but who instead were freed because judges had no choice.

One involved a 36-year old McHenry man who was charged with criminal damage to property for allegedly trying to break in the door of his ex-girlfriend’s house, Kenneally said. […]

A second example, Kenneally said, was a 23-year-old Cary man arrested for a second time after allegedly driving under the influence. Kenneally said the man should have been detained because he poses a threat to the public.

“There’s other people that I could point to where there’s a legitimate argument to be made that a judge should have discretion to detain these people, but they just no longer have discretion,” the prosecutor said. […]

“The party of unchecked power has succeeded in turning the criminal justice system into a farce,” Kenneally said.

Nobody remembers cash bail? It was the law of the land until the end of this past weekend. But that long history is already being shoved down the memory hole. People were released after posting bond and then quite often committed other crimes. The cash just didn’t matter.

* A quick Google search would find this June story about McHenry County

A man out on bond for attempted murder for allegedly shooting at sheriff’s deputies near Harvard has been arrested for an attack on his wife, court records show.

Randall B. Little, 59, of Harvard, was charged with two counts of domestic battery, both Class A misdemeanors. […]

Little was out on bond in connection with a prior incident where he was charged in April 2022 with armed violence, aggravated intimidation of a peace officer, two counts of felon in possession of a firearm, intimidation, threatening a public official, unlawful use of a weapon, two counts of aggravated assault and unauthorized possession of cannabis sativa plants.

He was later additionally charged with attempted first-degree murder, a Class X felony.

* Here’s one from May

While out on pre-trial bond for three separate pending felony drug cases, a Woodstock woman was arrested and charged with the manufacturing and delivery of fentanyl and cocaine, according to the complaint filed in the McHenry County courthouse and the jail log.

* Last month

A McHenry County man, who is a serial window peeper, has been sentenced to three years in prison for peeping into the homes of multiple women in Woodstock. […]

McHenry County Assistant State’s Attorney Ashur Youash said Hanabarger committed the offense while out on bond in three window peeping cases in McHenry County. […]

Hanabarger is still facing separate McHenry County cases for violating an order of protection, driving under the influence and contributing to the delinquency of a minor.

I could go on, but you get the gist.

posted by Rich Miller
Thursday, Sep 21, 23 @ 11:02 am

Comments

  1. If Kenneally is so grossly inept that he sees no way to do his job and protect people, I fully expect him not to run for re-election, and frankly Kenneally should resign in disgust, disgust that he is disgusted that he knows he can’t fulfill his duties because of sheer laziness.

    Comment by Oswego Willy Thursday, Sep 21, 23 @ 11:10 am

  2. Also, this context, love this posting by Rich (times 50) the goal of these phonies is to pretend the immediate past isn’t the measure they want to the new existing Act.

    It’s not an accident that this pushback is so visible early, it’s confusing to me how the strong politics isn’t “overcoming” or working the the Act to seem strong, but… what do I know.

    Comment by Oswego Willy Thursday, Sep 21, 23 @ 11:13 am

  3. The only discretion judges had was setting bail. Not doing your job

    Comment by Rabid Thursday, Sep 21, 23 @ 11:16 am

  4. If he gave “a little context,” he’d look pretty foolish.

    I get why he’s not giving the full truth; I’m also disappointed that the local media isn’t asking those questions.

    Comment by Socially DIstant watcher Thursday, Sep 21, 23 @ 11:19 am

  5. The framing on this all along should have been:

    “The Safe-T Act means that all defendants will now be held without bail. Only those deemed to pose little to no threat to others, and are likely to appear in court, will be released. All other defendants will remain in custody until trial.”

    But Democrats aren’t great at messaging.

    Comment by 47th Ward Thursday, Sep 21, 23 @ 11:20 am

  6. === Nobody remembers cash bail? It was the law of the land until the end of this past weekend. But that long history is already being shoved down the memory hole. ===

    Facts only interfere with the narrative being conveyed by dishonest politicians. Unfortunately, we have either lazy reporters or propagandists who don’t bother with context.

    Comment by Norseman Thursday, Sep 21, 23 @ 11:21 am

  7. ==two examples of people he would like to have seen put in jail==

    It’s a shame he doesn’t have a bunch of people under his command and tons of resources at his disposal to learn more about these individuals and talk to victims/witnesses.

    Comment by Jocko Thursday, Sep 21, 23 @ 11:24 am

  8. === But Democrats aren’t great at messaging. ===

    Sorry for the diversion, but this triggers me and I’ve got so much to say about this “truism.” Out of respect for Rich’s rules I’ll end it here and hope for a future post on the subject.

    Comment by Norseman Thursday, Sep 21, 23 @ 11:28 am

  9. “all defendants will now be held without bail”

    Probably because that’s an inaccurate statement.

    Comment by Anon E Moose Thursday, Sep 21, 23 @ 11:30 am

  10. Kind of like the Republican marketing slogan “Pro-Life!” Is devoid of context.

    Comment by Jerry Thursday, Sep 21, 23 @ 11:34 am

  11. And how many families are now back intact due to the release program ?How many employers have their employees back, if they still have their job after not making bail ? How many kids get to remain in their home schools rather than being shunted elsewhere due to lack of parental availability ? Just sayin

    Comment by Stormsw7706 Thursday, Sep 21, 23 @ 11:34 am

  12. Like the other thread today, on the Trib editorial board’s ineptness, WBBM “News” Radio, illustrates the reality that most of the legacy media is a Potemkin Village.

    The point isn’t to thoughtfully inform the public and to make money doing it, it’s only to make money.

    We get a simulacrum of true journalism. Moth-tattered remnants of what used to be a beautiful (even if far from perfect) tapestry.

    Comment by Moe Berg Thursday, Sep 21, 23 @ 11:35 am

  13. Better messaging is a great thing but the best messaging doesn’t reverse the clear constitutional presumption that people ordinarily will be released pretrial, rhetorically undermining our rights.

    Comment by Stephanie Kollmann Thursday, Sep 21, 23 @ 11:37 am

  14. Speaking of inaccurate statements:

    “There’s other people that I could point to where there’s a legitimate argument to be made that a judge should have discretion to detain these people, but they just no longer have discretion,” the prosecutor said.

    Comment by 47th Ward Thursday, Sep 21, 23 @ 11:37 am

  15. - 23-year-old Cary man arrested for a second time after allegedly driving under the influence. Kenneally said the man should have been detained because he poses a threat to the public. -

    I had an uncle that racked up 5-6 DUIs before finally losing his license for good. I don’t think he was ever detained more than a few hours.

    This kid probably would have had to come up with $500 and would have been released. You’re being silly.

    Comment by Excitable Boy Thursday, Sep 21, 23 @ 11:40 am

  16. Neither of those appear to be crimes where the release of the defendant qualifies as “absurd.” It sounds to me like the SA just wants to throw everyone in jail and that he is a perfect example of why this law was needed.

    Comment by Demoralized Thursday, Sep 21, 23 @ 11:46 am

  17. === Nobody remembers cash bail? ===

    Apparently the first rule of supporting cash bail is to not talk about cash bail.

    Comment by vern Thursday, Sep 21, 23 @ 11:58 am

  18. There is a difference between reporting a false statement and reproducing a lie. In this case, the integrity of the journalist is just as questionable as the integrity of the lawyer.

    Kenneally argues “freed because judges had no choice.” That is a lie. It is not simply a false statement, because the lawyer knows it is false and says it anyway.

    Kenneally argues “a judge should have discretion to detain these people, but they just no longer have discretion.” That also is a lie because the lawyer knows what he is saying is false and intentionally tells the lie in order to build a patently false argument.

    These are both lies, because Kenneally know these statements are literally not true. But for me, the greater sin is the lack of journalistic integrity. Reporting these false statements without questioning them is misleading the public out of either ignorance (the art of ignoring), or naivety, or malice.

    Comment by H-W Thursday, Sep 21, 23 @ 11:59 am

  19. ===Only those deemed to pose little to no threat to others, and are likely to appear in court, will be released

    Release is judged based on public safety, not available cash.

    Comment by ArchPundit Thursday, Sep 21, 23 @ 11:59 am

  20. It’s comical that Cap Fax’s reaction is that it’s the medias fault for covering the law wrong, instead of the law simply being a bad law. The only law like it in America. Illinois is again out of step with 49 other states, but….it’s the medias fault. Hilarious.

    Comment by James Thursday, Sep 21, 23 @ 12:03 pm

  21. ===It’s comical ===

    Bite me.

    Comment by Rich Miller Thursday, Sep 21, 23 @ 12:07 pm

  22. ===covering the law wrong===

    A fan of “alternative facts” and no context takes are we?

    “Look, I just wanna hear or read what I want to be true, even if facts and context refute that”

    That’s called being a fan of “news fiction”

    Comment by Oswego Willy Thursday, Sep 21, 23 @ 12:09 pm

  23. ==Illinois is again out of step with 49 other states==

    Um. California, New Mexico, Kentucky, Nebraska, Indiana, New York and New Jersey have all instituted varying forms of bail reform.

    Community risk should be the determining factor, not the size of one’s bankroll.

    Comment by Jocko Thursday, Sep 21, 23 @ 12:10 pm

  24. “Look”, - Jocko -

    You are giving context and facts to someone who complains about… you guessed it… context and facts…

    - James - tells us in his comments that he wants “fan fiction” that is written as “news fiction”

    Your fact check is as welcomed as much as spell check.

    Comment by Oswego Willy Thursday, Sep 21, 23 @ 12:13 pm

  25. ==== Illinois is again out of step with 49 other states, but….it’s the medias fault. Hilarious.

    Hilarious. Why don’t we have randos running around as bounty hunters like many states? Or have corruption problems with bail bonds businesses? Hilarious that Illinois has always been different on these issues and it’s a good thing.

    Comment by ArchPundit Thursday, Sep 21, 23 @ 12:39 pm

  26. == instead of the law simply being a bad law.==

    It could very well be a bad law, but making up lies isn’t the way to prove it. The fact that reporters/opponents can’t make a case without making up facts is a clue it might not be a bad law, after all. Have you entertained that possibility?

    Comment by supplied_demand Thursday, Sep 21, 23 @ 2:59 pm

  27. Is it us being out of step with other states or our country being out of step with the rest of the world? Most countries do not have cash bail.

    Comment by DTownResident Thursday, Sep 21, 23 @ 3:00 pm

  28. Did Mr. Kenneally file a petition to keep these individuals locked up, or did he not choose to do so?

    Comment by northsider (the original) Thursday, Sep 21, 23 @ 3:20 pm

  29. State’s Attorney Patrick Kenneally seems to believe He is every (fossilized) drug warriors hero…wherever they are still found.

    Comment by Dotnonymous x Thursday, Sep 21, 23 @ 3:41 pm

  30. With cash bail, Judges and prosecutors could “wash their hands” of the defendants actions (after posting bail) because the accused met the monetary threshold. How can you blame a judge because a defendant was somehow able to post a $1 million bond? You can’t use that defense with this law. Either you let them out or not - a lot less to hide behind and something the courts and prosecutors will have to learn to deal with.

    Comment by Lakefront Thursday, Sep 21, 23 @ 3:42 pm

  31. Shorter Kenneally statement: “I am bad at my job AND lazy”.

    Comment by JS Mill Thursday, Sep 21, 23 @ 4:51 pm

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