Eye On Illinois: For charged ex-deputy, the court of public opinion is irrelevant

Sincere belief in principled positions will eventually be tested.

Consider two Monday headlines. First, from The Nation: “Illinois has put an end to the injustice of cash bail; Amid a national backlash against criminal justice reform, Illinois has achieved something extraordinary. It’s working better than anyone expected.”

Second, from Capitol News Illinois: “Appellate Court finds former Sangamon County deputy Sean Grayson should be released until trial.”

Grayson faces charges of first-degree murder, aggravated battery with a firearm and official misconduct. Video of the July 6 police response to Massey’s Springfield area home leaves no doubt who pulled the trigger. The remaining adjudication redounds to the state’s arguments about intent. (For background, visit tinyurl.com/MasseyCNI.)

As CNI noted, Massey’s death – a Black woman who suspected a prowler outside her home and called 911 only for a responding white officer to open fire in her kitchen – became national news and spurned demonstrations. The forthcoming trial will exacerbate those conditions. To suggest removing emotion from such a charged situation is almost farcical, but that is required when testing principles.

Grayson is presumed innocent. The court of public opinion is irrelevant. Under Illinois’ bail reform law, prosecutors must convince a judge to jail Grayson while awaiting trial. As The Nation framed the Pretrial Fairness Act, “If the state wants to detain people before a trial, prosecutors have to convince a judge and present evidence that they likely did what they’re accused of, that there is a high risk that they will flee or will harm a specific person or community, and that the only way to prevent those outcomes is to put them in jail.”

Writing for the Fourth District Appellate Court, Justice Eugene Doherty explained how Sangamon County failed to meet that burden:

“We ask members of law enforcement to go into sometimes tense situations, but we do so with the expectation that they will conduct themselves in a way that makes our communities safer, not more dangerous. Whether defendant fell below these expectations to the point of criminality is a matter which will eventually be decided on the merits of this case. In considering whether defendant poses a danger justifying his pretrial detention in the interim, however, the question is not whether he will meet the high expectations of a law enforcement officer; the question is whether, as a private citizen, he poses a danger to the public that cannot be mitigated by appropriate conditions of pretrial release.”

The appeals process continues. Lawmakers could eventually remove the presumption of release from the charges Grayson faces. Regardless, sincere belief in cash bail elimination carries a commitment to ensuring the current law applies equally in all cases.

Grayson’s situation provides that test. Is Illinois passing?

• Scott T. Holland writes about state government issues for Shaw Local News Network. Follow him on X @sth749. He can be reached at sholland@shawmedia.com.