WOODFORD COUNTY, Ill. – The Woodford County State’s Attorney is blaming Illinois’ Pretrial Fairness Act for allowing the release before trial of a Germantown Hills man on 21 felony counts of possessing child pornography.
State’s Attorney Erik Gibson posted a complaint about the law on his office’s Facebook page.
Gibson said Illinois State Police arrested 37-year-old Aaron Smith last Wednesday, May 14, and Gibson filed a petition the next day to keep Smith in jail until his trial.
“After considering all of the evidence and the requirements of the Pretrial Fairness Act, the Judge ruled that he could not detain the defendant, and he was thus released with various conditions of release,” Gibson said on Facebook.
According to 25 News, those conditions set by Judge Michael Stroh include preventing Smith from using the internet, and he cannot have contact with anyone under the age of 18.
Without the new law, Gibson believes the judge would have required a bond with a large dollar amount, and Smith would have stayed behind bars. “Instead, he was released back into the community,” Gibson said.
Smith has been ordered to appear for a preliminary hearing on June 5.
Gibson said he has not decided whether to appeal the judge’s decision. He said the problem is not with Judge Stroh, but with the law.
Another local critic of the law is State Rep. Dennis Tipsword (R-Metamora). He used the case to say it’s another example showing the law has failed and should be repealed.
Tipsword said on his Facebook page, “Anyone who believes our state is safer is blind, ignorant or both. It is long past time to repeal this progressive pipe dream!”
