People v. Williams

Defendant, who was charged with criminal sexual assault and criminal sexual abuse, appealed from a trial court order denying him pretrial release, arguing that the State failed to prove by clear and convincing evidence that he committed the charged offense or that he posed a real and present threat to the safety of any person or the community and that the trial court erred in finding that no conditions could mitigate the danger to the community. The appellate court affirmed, finding that the trial court’s determination that the State met its burden on the offense charged was not against the manifest weight of the evidence, that the trial court’s finding that defendant posed a risk was not unreasonable or arbitrary based on the evidence, including the nature of the charges and the age of the victim, and that the trial court properly considered whether any conditions could mitigate that risk. (LAMPKIN, concurring and VAN TINE, specially concurring)