Law & Order column: Appeals court throws out Lake County predatory sexual assault conviction; sheriff's office welcomes new police dog - Chicago Tribune
The 2nd Appellate District Court has handed down decisions recently in three Lake County criminal cases, including tossing out the conviction of a man on a child-sex count because of errors in the charging documents.
On Wednesday, the appeals court vacated the conviction of Efrain Ortega, formerly of Round Lake Beach, who had been found guilty at trial for predatory criminal sexual assault allegedly committed in the 1990s.
A grand jury had indicted Ortega for allegedly assaulting a child beginning in 1998. But on the eve of trial in 2019, prosecutors amended the indictment to say the assaults began on Jan. 1, 1996. Ortega’s defense lawyer correctly pointed out that the predatory criminal sexual assault charge did not become law in Illinois until mid-1996.
But those objections were overruled at trial, and Ortega was later found guilty and sentenced to a total of 19 years in prison. He appealed. The appellate court found that the problems with the indictment dates, given the circumstances, were “fatally defective” and vacated the conviction.
Meanwhile, two other Lake County men serving prison sentences in separate cases did not find success on appeal in recent rulings handed down by the 2nd Appellate.
According to court documents, his attorney and Lake County prosecutors unsuccessfully tried to negotiate a plea, even though Moore was advised that if he went to trial and lost, he faced a minimum sentence of 21 years in prison because of enhanced sentencing laws regarding firearm use.
Eventually his case went to trial, but after the first day Moore had a change of heart and asked if he could accept a plea deal. After further negotiation, he pleaded guilty to armed robbery with a weapon other than a firearm and was sentenced to 15 years in prison.
He later asked to withdraw his plea. Moore argued prosecutors were not able to provide a factual basis that he used a weapon other than a firearm. Judge Daniel Shanes denied the motion and Moore appealed.
The appellate court ruled that although the plea language was problematic, Moore actively participated in the plea and benefited from it. The appellate panel affirmed the trial court dismissal of Moore’s motion, but it offered a rebuke about inviting error into court proceedings.
In the other case, the appellate court rejected an appeal from Andy Vazquez, who had pleaded guilty to beating a friend to death.
Vazquez and the man reportedly got into a fight outside Vazquez’s residence in 2018, after Vazquez discovered the man sexually abusing a child. As part of his plea deal on a charge of second-degree murder, Vazquez received a sentence of periodic imprisonment and a four-year term of probation, but was later sentenced to eight years in prison after he allegedly violated the terms of his probation numerous times.
On appeal, he asked for a new sentencing hearing, but the appeals court denied the request. Vazquez’s 12 probation violations over a six-month period, which included gambling and using illegal drugs, showed poor rehabilitative potential, the appeals court noted.
Lake County sheriff’s Deputy Craig Somerville lost his canine partner, Diesel, to cancer earlier this year. But Sommerville is back on patrol with Canine Ryker, the department’s newest police dog, the department announced.
Ryker, a 2-year-old German shepherd, joins Danno, Dax, Duke and Boomer on the department’s canine crew. Sommerville and Ryker recently completed their basic training program together and are working the LCSO’s second shift.
source: https://www.chicagotribune.com/suburbs/lake-county-news-sun/opinion/ct-lns-law-and-order-st-1101-20211101-2umiprrr65a6xd5ya4hjrzppqi-story.html
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