Motion to suppress evidence in McHenry cocaine possession case denied

A judge on Friday ruled that sheriff’s deputies took the proper steps to obtain a search warrant that revealed cocaine and marijuana in a McHenry home last year.

Benjamin J. Melesio was charged with possession with intent to deliver cocaine after McHenry County Sheriff’s Office deputies searched his home in the 300 block of Burr Avenue and discovered about 13 ounces of marijuana, 30 grams of cocaine and 8 grams of psilocybin – the chemical found in “psychedelic” mushrooms, court records show.

He’s also charged with possession of cocaine, possession with intent to deliver marijuana, possession of marijuana, possession of a controlled substance and possession of drug paraphernalia. If he were convicted of the most serious charge, a Class X felony, he could be sentenced to as many as 30 years in prison.

Melesio argued at a January hearing that police searched his home using a warrant that was both lacking in detail and signed by Judge Christopher Harmon, who had reason to dislike him.

Harmon formerly represented Melesio as a public defender in a 2006 case. Upset about the prison sentence he received, Melesio confronted the judge when their paths crossed again in court years later.

“I immediately cursed him out in front of everyone in the bullpen,” Melesio wrote in his affidavit. “I shouted at him that he ruined my life and he sucked as a lawyer in front of everyone.”

The men’s paths crossed again in 2015 – this time in family court, where Harmon was the judge presiding over Melesio’s divorce.

On March 9, Harmon signed off on the warrant to search Melesio’s home, based on information described in two affidavits: one from a sheriff’s detective, and another from a confidential informant who claimed to have witnessed Melesio packaging cocaine.

McHenry County Assistant State’s Attorney Robert Ladd called defense attorney Philip Prossnitz’s argument “ridiculous,” adding that police followed protocol in obtaining and executing the warrant.

McHenry County Judge Robert Wilbrandt ultimately sided with Ladd and denied the motion to suppress.

Melesio remained at the McHenry County Jail on $150,000 bond Friday evening. His case is scheduled for a jury trial March 6.