FOP statement regarding Appellate Court decision on the pretrial detention of a Livingston County defendant

SPRINGFFIELD – The Illinois Fraternal Order of Police (FOP) State Lodge has issued a statement regarding an Appellate Court decision that has effectively given a man who is accused of indecent child solicitation in Livingston County a chance to be back on the street as he awaits trial.

 

In early October, Livingston County Judge Jennifer Bauknecht ordered that Brandin Atterberry, who is charged with indecent solicitation of a child and traveling to meet a child, be jailed before his trial because he’s a threat to Livingston County children. In making the ruling, Judge Bauknecht said the state’s new “Pre-Trial Fairness Act” had taken away her authority to set a high bond in the case that would have helped to keep Atterberry in jail until his trial. The Fourth District Appellate Court ruled that Judge Bauknecht abused her discretion by detaining Atterberry, and has ordered that the defendant is entitled to a new pretrial detention hearing that applies the new law’s provisions.

 

“This is yet another demonstration of the frustration that judges have with Illinois’ new no-cash-bail law, and we applaud Judge Bauknecht for taking the correct stance to try and protect the citizens of her community,” said Illinois FOP State Lodge President Chris Southwood. “We are dismayed that the Fourth District Appellate Court interpreted the law in this manner, and we ask, how many children do you need to endanger before it’s OK to keep someone in jail? If this defendant ends up hurting or abusing just one child because of this Appellate Court ruling, those judges who ruled against Judge Bauknecht should be held responsible.”

 

The Fraternal Order of Police, founded in 1915, is the largest organization of sworn law enforcement officers in the United States. With a proud tradition of officers representing officers, the FOP is the most respected and most recognized police organization in the country. The Illinois FOP, chartered in 1963, is the second largest State Lodge, proudly representing more than 34,000 active duty and retired police officers – more than 10 percent of all FOP members nationwide. Visit www.ilfop.org for more information.