Rob's attorneys filed a Motion for Release today with the Illinois Court of Appeals. The motion referred to the previous times that Rob has been on pretrial release or bond and the fact that he never once abused that privilege. The motion also referred to his extensive and committed group of family and friends. The last time that Rob asked for release by the appellate court it was granted, and, of course, Rob met all of his obligations and conditions of release.
The motion also indicates that the Appellate prosecutor will move for Leave of Court to appeal to the Illinois Supreme Court. It is my understanding that leave is not often granted. What effect will this have on Rob's request for release? The court must find compelling circumstances to deny Rob's release. Rob has acted with honor and dignity throughout this ordeal and I cannot imagine what compelling circumstances would exist to deny his release.
Tuesday, July 21, 2009
Thursday, July 16, 2009
Hi everyone,
By now I hope you all know that Rob has been granted a new trial. Thanks to the excellent work of the Northwestern Center for Wrongful Convictions, the Illinois Court of Appeals reversed the decision of the trial court.
The Court relied primarily on error in the exclusion of Rob's forensic expert witness. The Court also held that certain testimony should not have been admitted.
QUESTIONS YOU MAY HAVE:
Q1. Will Rob be released until his next trial? A1. On Thursday 7/16 Rob's attorney moved for a bond hearing. Since he has been in and out a few times there is a reasonably good chance that he should be out on bond but we don't know. We also don't know where the hearing will be held and we aren't sure who will represent him.
Q2. When will the new trial be held? A2. Our best guess is 6 months to a year.
Q3. May the prosecution decline to retry the case? A3. Yes.
Q4. How is Rob doing? A4. He is hanging in there. He has adapted to prison conditions and he is coping well, under the circumstances. He wants to be assured that we all support him and are working actively to get him out of there.
More updates will be posted as they are available.
Thank you!
By now I hope you all know that Rob has been granted a new trial. Thanks to the excellent work of the Northwestern Center for Wrongful Convictions, the Illinois Court of Appeals reversed the decision of the trial court.
The Court relied primarily on error in the exclusion of Rob's forensic expert witness. The Court also held that certain testimony should not have been admitted.
QUESTIONS YOU MAY HAVE:
Q1. Will Rob be released until his next trial? A1. On Thursday 7/16 Rob's attorney moved for a bond hearing. Since he has been in and out a few times there is a reasonably good chance that he should be out on bond but we don't know. We also don't know where the hearing will be held and we aren't sure who will represent him.
Q2. When will the new trial be held? A2. Our best guess is 6 months to a year.
Q3. May the prosecution decline to retry the case? A3. Yes.
Q4. How is Rob doing? A4. He is hanging in there. He has adapted to prison conditions and he is coping well, under the circumstances. He wants to be assured that we all support him and are working actively to get him out of there.
More updates will be posted as they are available.
Thank you!
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