Although a Fox River Grove man was occasionally nude around two children whom he is accused of sexually assaulting, his actions weren’t illegal, rather they were a part of the man’s “provocative” lifestyle, his attorney argued Monday.
A trial-by-judge began Monday in McHenry County for Korem M. Johanson, who is accused of having inappropriate contact between July 1 and July 22, 2019, with two children whom he knew.
At the time of Johanson’s arrest, officers also found a Smith & Wesson 9 mm handgun in Johanson’s possession, according to the indictment.
He is charged with predatory criminal sexual assault, aggravated criminal sexual abuse and possession of a firearm without a firearm owner’s identification card. The most serious charge, predatory criminal sexual assault, is a Class X felony typically punishable by as many as 30 years in prison.
A recorded interview between one of the children and the Child Advocacy Center of McHenry County revealed further details about the alleged abuse, which the child said always occurred at Johanson’s home.
Johanson’s attorney, Philip Prossnitz, argued Monday that although Johanson’s behavior “emotionally, might be offensive,” it didn’t violate the law. It wasn’t unusual for Johanson to be around the children without clothes on because “there was a real freedom about this nudity,” Prossnitz said.
Johanson’s lifestyle might be considered “emotionally provocative,” and although he didn’t want the children to be “ashamed” of their bodies, Johanson never interacted with them for sexual gratification, Prossnitz said.
Prosecutors’ first witness, however, testified Monday about “weird” comments Johanson allegedly made during a jailhouse chess game.
Johanson and another man, 28-year-old Patrick Prendergast, were placed in the same McHenry County Jail housing unit at the time.
Following his arrest in connection with the 2019 allegations, Johanson spoke with Prendergast about the two children named as victims in the case, Prendergast said.
“[Johanson] was worried that [one of the children] was going to explore with other guys and he preferred [the child] explore on him,” Prendergast said during testimony, referencing the February 2020 jailhouse conversation.
Prendergast did not receive leniency in his own cases for reporting the information to authorities, although he did inquire about receiving a less restrictive sentence, he said.
Ultimately, Prendergast said, he reported his exchange with Johanson because “it’s just wrong.”
The trial is schedule to resume Tuesday afternoon with testimony from additional state witnesses.