Hearing in Maag's prostitution case reset for April 29

Steve Gonzalez Apr. 17, 2008, 5:00pm

Thomas Maag's mugshot from the Granite City Police Department.

A hearing on Edwardsville attorney Thomas Maag's motion to suppress evidence in a misdemeanor case that alleges he solicited a prostitute has been rescheduled until 10 a.m. on April 29.

The hearing was originally set for Feb. 25, but Maag filed a motion to continue, which reset it until April 10. Two days before the hearing, Madison County Assistant State's Attorney Thomas Gibbons asked to continue the hearing because the female detective that Maag allegedly solicited was scheduled to attend an out-of-town seminar.

Maag was arrested for soliciting a prostitute by the Granite City Police Department on Nov. 2, 2007. He has been free on a $105 bail.

Five other individuals were also arrested by Granite City police during the undercover sting.

Maag, 32, of Highland, is the son of former Illinois Appellate Court Judge Gordon Maag, who unsuccessfully ran for the Illinois Supreme Court in 2004.

His lawyer, Clyde Kuehn of Belleville, worked with Maag's father on the appellate court.

At the April 29, hearing Maag will try to convince Madison County Associate Circuit Judge Stephen Stobbs to suppress evidence that police removed from his person because he claims he was arrested before officers developed the necessary probable cause for doing so.

Kuehn will also argue that Maag was arrested before police acquired an arrest warrant.

According to court filings, Kuehn will argue that both the Illinois and U.S. Constitution requires that a person has the right to be free from unreasonable search and seizures.

In the motion to suppress, Kuehn wrote, "The items of evidence seized were the direct and proximate result of an illegal arrest, and being derivative of that illegality, constitute fruit of the poisonous tree."

The charges against Maag state, "Defendant contacted Detective Lori Perkins, a person who is not his spouse, and offered her $150 U.S. Currency to perform an act of sexual penetration as defined in 720 ILCS 5/12-12 (f), in violation of 720 ILCS 5/11-14.1 (a), and against the peace and dignity of the said People of the State of Illinois."

Maag is currently employed at Wendler Law Firm in Edwardsville. He formerly worked for the Lakin Law Firm in Wood River, but left the firm in early 2006.

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