Defendant, who was charged with first-degree murder after his child allegedly died of shaken baby syndrome, appealed from a trial court order denying him pretrial release. The appellate court reversed and remanded, explaining that the trial court’s finding that there was no set of conditions that could mitigation the threat of danger the defendant posed was against the manifest weight of the evidence where defendant was 40 years old and had no criminal background, had a job as a security guard, and had no other children. The appellate court also noted that the trial court did not make any findings as to why less restrictive conditions would avoid a real and present threat to the safety of any person or persons in the community. (HYMAN and C.A. WALKER, concurring)
Illinois Appellate Court
Criminal Court
Pretrial Fairness Act