Best Explanation So Far
CWB doesn't only report crime. They did something that no other media outlet even considered as far as we can tell:
It’s the question everyone is asking: Was Judge John Lyke required to release suspected cop killer Alphonso Talley under the SAFE-T Act?
Talley, a seven-time convicted felon with armed carjacking and armed robbery cases pending before Lyke, later escaped from his ankle monitor and, prosecutors say, brutally robbed a store cashier Saturday morning and then shot two CPD officers, killing one.
To understand whether Lyke had any real choice in the matter, it helps to walk through exactly how Illinois’ pretrial detention law works.
And then, by God, they walk through it, step by step. Here is the real meat of the article:
Then, and this is where Lyke crossed the Rubicon, the judge made his finding: “This court cannot find that the state has met its burden by clear and convincing evidence that there is no condition or combinations of conditions that this court can impose to protect any person or persons in the community when weighing everything with a fresh set of eyes and understanding.”
At that point, the SAFE-T Act required Lyke to release Talley on the least restrictive conditions Lyke believed were necessary to keep the public safe. He had no choice in the matter. A judge cannot decide that electronic monitoring is sufficient and then keep someone locked up anyway. The law does not allow it.
The answer, then, is yes. Once Lyke determined that conditions existed that could protect the public while Talley awaited trial outside jail, the SAFE-T Act required him to release Talley on those conditions.
Simple put, Lyke's determination that....
- a multiply convicted violent felon,
- with additional pending violent felony cases
- committed while already on Electronic Monitoring
....wasn't enough proof that Talley was a danger to the community. So the only way forward was to release Talley on yet another useless Electronic Monitoring anklet because Lyke closed off every other avenue to himself. That "under-developed brain" bullshit was Lyke just closing another off-ramp that would have kept a violent repeat felon in custody.
Fata$$ was actually technically correct - this one is on the judge, a useless DEI hire who misapplied the craptacular law that Fata$$ signed into existence. Plenty of democrats to blame for this one.
An SCC salute to the crew over at CWB, just about the only journalists worthy of the name any more.
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