Jim Dey: Judge crossing way over the legal line
Nov. 11—It's time once again to dive in to another round of quick takes on the people, places and events that were being talked about over the past week:
Judging the judge
The tables have turned on Adams County Circuit Judge Robert Adrian.
The subject of several previous columns, Adrian drew local, state and national attention in January 2022. That's when he refused to impose a statutorily required prison sentence on a defendant he earlier had convicted of criminal sexual assault. Instead, he changed his verdict to not guilty.
Further, when the state's Judicial Inquiry Board investigated the matter, Adrian allegedly lied about what he did and why.
Adrian went to trial this week for misconduct charges before the Illinois Court Commission, the panel that acts on evidence presented to it by JIB lawyers.
Judges who are caught making false statements in misconduct inquiries are in deep trouble. In two recent cases — one from upstate and another from downstate — judges were removed from the bench by the commission as the penalty for their false statements.
Ironically, the evidence against Adrian are his own words taken down in the trial transcript by the court reporter.
In this case, an 18-year-old man sexually assaulted a juvenile female partygoer who passed out after drinking too much. In a late 2021 bench trial, Adrian found the defendant guilty.
But he apparently didn't realize the conviction required a mandatory prison sentence. In a subsequent sentencing hearing, Adrian stated that a prison sentence was too harsh and that the time the defendant spent in jail was more than adequate punishment.
As a consequence, he issued a not-guilty finding and released the defendant from custody.
Adrian could have achieved the same result without problems. He could have stated that, after reconsidering the evidence, he was convinced his initial guilty verdict was incorrect.
Instead, Adrian, according to the transcript, indicated he didn't think the statutory mandate was fair in this case and and was not going to abide by it.
Judges swear an oath to faithfully execute the law. Substituting their personal opinions for legislative mandates is considered a step way over the line.
The commission did not indicate when it would issue its verdict.
Trial date set
Alan Beaman, the former Illinois Wesleyan University student who was wrongfully convicted of murder, will finally get his case before a civil jury next April.
Beaman served 13 years in prison for the 1993 murder of a former girlfriend. He was released after the Illinois Supreme Court reversed his conviction and prosecutors declined to retry the case.
Newly discovered DNA evidence later revealed Beaman was not the source of material recovered from the body of the victim, Illinois State University student Jennifer Lockmiller of Decatur.
Authorities said the DNA came from two unidentified men, and the investigation has been re-opened, even though it is dormant.
Now 51 and the father of two daughters, Beaman fought a long legal battle in both federal and state courts to sue those who brought him to trial.
Ultimately, a conflicted Illinois Supreme Court — after a torturous and conflicting legal process — decided Beaman is entitled to sue the city of Normal and its police department for his wrongful prosecution.
Although Beaman has indicated he wants a civil trial in the community where he was convicted, there are no guarantees that will happen.
An out-of-court settlement remains a possibility.
Given the 13 years Beaman spent in prison for nothing, jurors are likely to feel sympathy for him. But how much, and at what price?
In cases like this, litigants often opt for certainty instead of rolling the dice with a jury.
Beaman already has received a Certificate of Innocence and nominal compensation from the state. Former Gov. Pat Quinn also issued a formal pardon based on actual innocence to Beaman.
Corruption update
The federal trial of former Chicago Alderman Ed Burke did not begin this week.
There were efforts to pick a jury, but matters were delayed after lawyers in the case came down with the coronavirus.
The judge said he hopes to resume next week.
The same thing happened last year in a civil trial at the Champaign County Courthouse. In that case — the city of Urbana suing an excavating company — the trial was delayed for roughly a year before it was held a couple of weeks ago.
Attention sports fans
I have a couple TV recommendations for Major League Baseball and National Football League fans.
Few NFL fans have figured out a way to watch all the games. But the NFL Network is trying to fill that horrific void with its Sunday evening show, "NFL Gameday Highlights."
The show is no secret and probably has a big audience. But there might be some benighted grid fan out there who is unaware that Gameday provides a comprehensive wrap-up of the day's events and beaucoup highlights of almost all the games accompanied by sometimes insightful, humorous commentary.
For the NFL fan who has a broad interest in the game, it's a great way to keep up with the league, not to mention a timely distraction for grief-stricken Bears fans.
Now to baseball.
"MLB Now" may over-bill itself with its bumper-stick claim that it's "the show for the thinking fan." But it is a great venue for fans who like to go inside the game — think saber-metrics — and get an inside look at what professional baseball players, managers and front office people are doing and why.
"MLB Now" contends that "panelists Bob Costas, Mark Feinsand, Jon Heyman, Hannah Keyser, Sarah Langs, Dan O'Dowd, Steve Phillips, Joel Sherman, Jayson Stark and others provide thoughtful discussion on how the play on the field and data-driven decisions continue to evolve in baseball."
Hosted by Brian Kinney, "MLB Now" follows an irregular schedule during the year but is shown several times during the day and evening when it's on.
It should be especially interesting this post-season, given the beginning of free agency and the trading season.
Kinney not only provides his own insights into the game, roster construction, etc., but has other outstanding guests that include teams' beat writers, broadcasters, managers and general managers. Former Cubs manager Joe Maddon is a regular.
Can't recommend this show highly enough. It's for real, not casual, baseball fans.
"MLB Now's" current schedule calls for it to run daily from Nov. 11-17. Tape the show, and take a look.
Get get richer
University of Kansas basketball coach Bill Self probably didn't like coming out on the short end of a recent exhibition game at State Farm Center.
But he can soothe his pain by reading and re-reading the terms of his new multi-year contract that makes him the nation's highest-paid college coach.
The Lawrence, Kan., newspaper reports that "between his new contract and two holdover payments" from his previous contract, Self will be paid roughly $53 million over the next five years.
The bonanza pushes the former Fighting Illini head coach ahead of Kentucky's John Calipari, who is paid roughly $8.5 million a year.
Self will receive a
$1 million signing bonus, retention payments paid in monthly installments of $100,000 as well as payments for NIL (name, image and likeness) and promotional work.
The newspaper said "the overall number of about $53 million" does not include incentives.
The contract also will be extended automatically by one year each year. This is the second "lifetime" contract Self has signed since 2021.
If he is terminated without cause, an unlikely event, Self will receive a buyout of $23.1 million "plus any payments due him.
Self signed the new agreement on behalf of his "limited liability company, BLCT II."
Who sang it?
That's the question. Now here's the answer — they both did.
A couple of countrified readers picked a nit in a recent column that identified Tammy Wynette as the singer of the song, "Don't Come Home A Drinkin' (With Lovin' On Your Mind)."
Reader Clifford Shirley, a retired university professor, sent an email stating "Loretta Lynn wrote and sang 'Don't come home a drinkin' with Lovin' on your mind'. ... perhaps Tammy Wynette sang it somewhere down the road, but Loretta should get the credit!"
Retired lawyer Buddy Selin made the same point.
My defense — Tammy Wynette's name came up first in a Google search about the song.
But it's really Lynn's song to claim, because she wrote and sang it first. Wynette covered it, apparently quite successfully if Google has any credibility.
Meanwhile, I'm writing a twangy tune titled, "Don't be a pointin' out errors to columnists, especially if your facts is right."
