The Illinois Supreme Court won't order a sentence for Drew Clinton after Adams County, IL Judge Robert Adrian tossed his sexual assault conviction.
QUINCY, Ill. -- The Illinois Supreme Court has declined to order a western Illinois judge to impose a sentence in a sexual assault case after he threw out the conviction at the sentencing hearing.The court ruled Wednesday that"the double jeopardy clause prohibits further prosecution even where an acquittal is 'based upon an egregiously erroneous foundation.'"
After originally finding Clinton guilty on one count of criminal sexual assault in October, Adrian threw out the conviction Jan. 3 when Clinton appeared for sentencing, and said he would not impose the mandatory minimum sentence of four years in prison."Mr. Clinton has served almost five months in the county jail, 148 days," Adrian said, according to the court transcript of the hearing posted online by local media."For what happened in this case, that is plenty of punishment.
The prosecutor in the case, Anita Rodriguez, said she had never in her 40-year career seen anything like Adrian's ruling, and worried how it might affect the victim. The Quincy Area Network Against Domestic Abuse, which helps victims of domestic violence and sexual abuse, said the ruling sends a dangerous message.
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