Illinois removed a judge from criminal cases after he tossed the conviction for an 18-year-old man accused of sexually assaulting a 16-year-old girl. He says the 148 days the man spent in county jail was enough punishment.
Judge Robert Adrian is being criticized this week following the ruling. As of Thursday, Chief Judge of the Eighth Judicial Circuit Frank McCartney removed Judge Adrian from criminal cases and placed him on small claims and civil cases.
The alleged sexual assault happened during a graduation party on May 30. The 16-year-old girl consumed alcohol and passed out during the party. Drew Clinton, the 18-year-old, was sexually assaulting her when she woke up.
On Jan. 3, Judge Adrian reversed the previous conviction, ruling that the prosecution failed to prove the case after the defense filed two post-trial motions.
A post-trial motion is a motion for judgment notwithstanding the verdict. Post-trial motions file to correct errors. Some file a motion for a new trial based on the error.
According to a transcript, Adrian said, “By law, the Court is supposed to sentence this young man to the Department of Corrections. This Court will not do that. That is not just.”
He continues, “Mr. Clinton has served almost five months in the county jail, 148 days. For what happened in this case, that is plenty of punishment. That would be a just sentence.”
Fox News reports Clinton was facing a mandatory four-year minimum sentence. Now, he faces no repercussions since the reversal. A petition to suspend and remove Judge Adrian has reached over 16,000 signatures.
The victim’s father did speak about saying his daughter wishes she didn’t say anything because of this result.
He tells Herald-Whig, local newspaper, in a statement, “It’s worse now than it was (before), because not only does she not have her justice, but now she feels like she spoke up for nothing, and you know that hurts.”
The victim also spoke out. She says that Clinton took a part of her she can never get back.
“This wasn’t a one-time mistake made by a guy who misinterpreted the night. You saw me unconscious and took the chance that I wouldn’t wake up and, if I did, wouldn’t be believed.”
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