Defendant, who was charged with attempted first-degree murder and aggravated battery, appealed from a trial court order denying him pretrial release pursuant to the Pretrial Fairness Act. On appeal, defendant argued that the State failed to prove by clear and convincing evidence that no condition or combination of conditions could mitigate any safety threat that he posed. The appellate court affirmed. The supreme court also affirmed, finding that the circuit court did not err in denying pretrial release where it heard all of the evidence and determined that, because defendant had failed to comply with his doctor’s directives to take prescribed medications, he would not comply with conditions of release. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Criminal Court
Pretrial Release