Appellate Court ruling favors defendant in Moore murder case; Finley released on bond
A Springfield paramedic charged with first-degree murder in the Dec. 18 suffocation death of Earl L. Moore Jr. in a case that has gained national attention is now free on bail.
Peggy Jill Finley, 45, of the 800 block of South Durkin Drive, was released from Sangamon County Jail around 8 p.m. Friday a jailer confirmed to The State Journal-Register.
Finley's bond was reduced from $1 million to $600,000 in a Fourth District Appellate Court ruling Friday. That was an amount Finley's attorneys, W. Scott Hanken and Mark Wykoff, had sought for her in previous motions denied by the circuit court.
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The ruling paved the way for Finley's family, friends and acquaintances to post $60,000, or 10% of the bond, on Friday.
"We're elated with the (Appellate Court) ruling," said Hanken, reached late Saturday morning. "We can now fight the case without her liberty being taken from her."
Hanken said he spoke to Finley just after her release from jail.
"She couldn't wait to hug her grandkids like everybody else," Hanken said. "She's working on clearing her name."
Hanken credited Sangamon County Circuit Judge Robin Schmidt and State's Attorney Dan Wright for their swift action once the decision came down Friday afternoon. That action ensured Finley's same-day release ahead of the Juneteenth holiday weekend, he said.
Finley won't be allowed to work as a paramedic as a condition of her bond.
Schmidt had previously denied Finley's motions for bond reduction, noting there was an "inherent risk" that neither Finley nor Peter J. Cadigan, 50, an emergency medical technician also charged with first-degree murder in the Moore case, would appear at future court dates.
Hanken had argued that the previous bond amount was "oppressive" and "unconstitutional" and that Finley, a former paramedic for LifeStar Ambulance Service, Inc., should be let out on a recognizance bond or have her bond reduced to $100,000.
Wright countered that the $1 million bonds for Finley and Cadigan were among the lowest of anyone accused of first-degree murder being held in the county jail.
The Springfield man, who is represented by Justin Kuehn of Belleville, remains in jail on a $1 million bond.
In its eight-page opinion, the three-judge panel stated that the circuit court "abused its discretion in denying (Finley's) motion to reduce bond."
The ruling also cited Finley's strong ties to the area, "indicating a low risk of flight" and that her financial condition "further makes it unlikely she will flee. The facts of the offense show defendant is not a danger to the public should she be released."
But even Hanken was surprised at the breadth of the ruling, which also took exception with the case, describing it as a hammer blow to the prosecution.
"While there were acts of violence on Moore, none were physically committed by defendant," the opinion noted. "Defendant did not assist in placing Moore on the gurney or tighten the straps around him, the two events the State alleges caused Moore’s death. The alleged accountability that harmed Moore was the result of defendant’s work as a paramedic."
The ruling, Hanken insisted, "sends a message, much like we've been arguing all along, that this case shouldn't be in criminal court. They echo our argument."
Hanken earlier this year called the of filing first-degree murder charges against Finley "a stretch" and that the state was trying to turn "an alleged medical malpractice into a crime."
Technically, Hanken said, Finley and Cadigan are co-defendants in the case because they've both been charged with the same acts.
Any severing of Finley from the case, he admitted, is "a work in progress."
The defense also hasn't received all of the discovery in the case, Hanken added.
Wright, in a text provided to the SJ-R earlier Friday, was unmoved as far as the case moving forward.
"There is nothing about the Appellate Court's reduction of Defendant Finley's cash bond from $100,000 to $60,000 that reflects upon the strength of the State's case against either defendant," Wright noted. "It certainly doesn't diminish our confidence in the case based upon the law and the facts contained in Illinois State Police investigation.
"This is simply a ruling limited to the issue of pre-trial bond made by the Appellate Court without a complete record of the evidence against the defendants. The Appellate Prosecutor's Office is reviewing all options to seek further review or reconsideration to ensure procedural and substantive accuracy of the Appellate Court's analysis.
"We are as committed as ever to seeking justice for Earl Moore Jr. and look forward to the opportunity to present all of the evidence to a jury for their application of the law to the facts as in the normal course of any criminal case."
Moore died of compression and positional asphyxiation, according to forensic pathologist Dr. John Scott Denton of Bloomington.
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Finley and Cadigan responded to Moore's North 11th Street home after being summoned by Springfield Police early on the morning of Dec. 18. The state has alleged that Moore was strapped tightly to a gurney and had his face slammed into the prone position, which is how he was transported to HSHS St. John's Hospital.
Footage from body cameras worn by three police officers was released to the public.
Finley and Cadigan, along with LifeStar, were named in a wrongful death lawsuit, also filed in Sangamon County court by noted civil rights attorney Ben Crump.
Finley and Cadigan each face 20 to 60 behind bars if convicted.
Hanken said Finley's being out of jail is "a game changer" with regards to preparation of the case, including spreading out the discovery in his office or viewing video on multiple platforms.
"Now if I have a question for her, you pick up the phone and ask her," he said. "We want to get to trial as soon as possible so she'll be found not guilty. It's sad she sat in jail this long."
Finley is next in court Aug. 2.
Contact Steven Spearie: (217) 622-1788, sspearie@sj-r.com, twitter.com/@StevenSpearie.
This article originally appeared on State Journal-Register: Murder defendant Peggy Jill Finley was released on bond from jail Friday
