Charleston, IL. (ECWd) –
Yesterday, a Motion To Dismiss Based On Prosecutorial Misconduct was filed in a Coles County DUI case.
Attorney Todd Reardon filed this Motion in a case involving his client as Defendant and Coles County Assistant State’s Attorney Brady Allen as a prosecutor in the case.
In the Motion and Affidavits, it is alleged:
- that ASA Brady Allen sought to advance his own sexual desires with Defendant by communicating with her, all while knowing she was represented by an attorney, and without her attorney’s consent or knowledge
- that ASA Allen communicated a corresponding sex request to Defendant
- that in his quest for a sexual liaison with defendant, he pretended to take an interest in Defendant’s case outcome
- that during the pendency of the case, ASA Allen communicated on multiple occasions requests for sexual favors and pornographic material from Defendant in exchange for favorable treatment of her criminal cases
- that Defendant kept asking for pornographic photos from Defendant and that she eventually provided one to ASA Allen
- that ASA Allen stated he would advise her on her DUI cases while he was having sex with her
- that ASA Allen told her to ignore her attorney’s advise and take the plea deal offered by the Coles County State’s Attorney’s office
- that other Defendants have had similar communications with ASA Allen with similar promises of reduced charges
- that ASA Allen told Defendant that the Coles County State’s Attorney’s office had a policy that the contact between prosecutors and Defendants were permissible as long as the relationship did not get serious
- that one communication, in the courtroom, while Prosecuting Defendant’s case, ASA Allen communicated to Defendant that “we can discuss your situation while you ride my c**k 😉 Or I can give advice while your mouth is full“
Coles State’s Attorney Jessie Danley responded to our request for comment by stating that he that he was unaware of the allegations but would look into it, and that he would seek an outside agency to review/investigate the allegations.
Assistant State’s Attorney Brady Allen did not respond to requests for comment as of this publication.
Read the Motion below (certain names were redacted by us prior to publishing):SKMBT_C22020082117240_Redacted
PKPosted at 20:08h, 22 August
From the Attorney Registration and Discipline Comission rulebook:
RULE 4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Adopted July 1, 2009, effective January 1, 2010.
Let the discipline commence expeditiously!
SCPosted at 21:07h, 22 August
Let’s not overlook solicitation of a bribe.
PKPosted at 16:33h, 23 August
RULE 8.4: MISCONDUCT
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(d) engage in conduct that is prejudicial to the administration of justice.
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. Nor shall a lawyer give or lend anything of value to a judge, official, or employee of a tribunal, except those gifts or loans that a judge or a member of the judge’s family may receive under Rule 65(C)(4) of the Illinois Code of Judicial Conduct. Permissible campaign contributions to a judge or candidate for judicial office may be made only by check, draft, or other instrument payable to or to the order of an entity that the lawyer reasonably believes to be a political committee supporting such judge or candidate. Provision of volunteer services by a lawyer to a political committee shall not be deemed to violate this paragraph.
(g) present, participate in presenting, or threaten to present criminal or professional disciplinary charges to obtain an advantage in a civil matter.
(h) enter into an agreement with a client or former client limiting or purporting to limit the right of the client or former client to file or pursue any complaint before the Illinois Attorney Registration and Disciplinary Commission.
(i) avoid in bad faith the repayment of an education loan guaranteed by the Illinois Student Assistance Commission or other governmental entity. The lawful discharge of an education loan in a bankruptcy proceeding shall not constitute bad faith under this paragraph, but the discharge shall not preclude a review of the lawyer’s conduct to determine if it constitutes bad faith.
(j) violate a federal, state or local statute or ordinance that prohibits discrimination based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status by conduct that reflects adversely on the lawyer’s fitness as a lawyer. Whether a discriminatory act reflects adversely on a lawyer’s fitness as a lawyer shall be determined after consideration of all the circumstances, including: the seriousness of the act; whether the lawyer knew that the act was prohibited by statute or ordinance; whether the act was part of a pattern of prohibited conduct; and whether the act was committed in connection with the lawyer’s professional activities. No charge of professional misconduct may be brought pursuant to this paragraph until a court or administrative agency of competent jurisdiction has found that the lawyer has engaged in an unlawful discriminatory act, and the finding of the court or administrative agency has become final and enforceable and any right of judicial review has been exhausted.
(k) if the lawyer holds public office:
(1) use that office to obtain, or attempt to obtain, a special advantage in a legislative matter for a client under circumstances where the lawyer knows or reasonably should know that such action is not in the public interest;
(2) use that office to influence, or attempt to influence, a tribunal to act in favor of a client; or
(3) represent any client, including a municipal corporation or other public body, in the promotion or defeat of legislative or other proposals pending before the public body of which such lawyer is a member or by which such lawyer is employed.
Adopted July 1, 2009, effective January 1, 2010.
SCPosted at 17:40h, 23 August
PK, thanks for posting the whole thing. I would say it covers my concerns.
It wasn’t that long ago that a Coles County Public Defender was dis-bared for similar behavior.
PKPosted at 18:43h, 23 August
Your welcome, SC. Seems the presiding judge there could set a better tone.
GGPosted at 20:43h, 26 August
I’d be more worried about “Bubba” in state prison than I would be about being disbarred!!
That is were this man is headed!