Maag's trial set for June 16

Steve Gonzalez May 29, 2008, 2:12am


Edwardsville attorney Thomas Maag's trial for soliciting a sex act has been continued until 9 a.m. on June 16.

His trial was originally scheduled to begin May 12, but lawyers for Maag requested a continuance which Madison County Associate Judge Steve Stobbs granted after the prosecutor did not object.

Maag was arrested by the Granite City Police Department for soliciting a prostitute Nov. 2, 2007. Charges were later amended to soliciting a sexual act, a class B misdemeanor.

One of Maag's lawyers, Michael Reid of Edwardsville, posted $105 bail shortly after Maag's arrest.

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.

Maag also is asking Stobbs to reconsider a ruling that denied Maag's motion to suppress evidence that was related to his arrest.

Stobbs set Maag's motion to reconsider for 1 p.m. on June 13.

Maag has argued that evidence police inventoried should be suppressed because he was arrested before officers had developed the necessary probable cause for doing so.

He also has argued that he was arrested before police acquired an arrest warrant.

Represented by Clyde Kuehn of Belleville, Maag has argued that both the Illinois and United States Constitution requires that a person has the right to be free from unreasonable search and seizures.

"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," Kuehn wrote in the motion.

Stobbs heard arguments on the matter April 29, and took the case under advisement. He issued a four-page order May 1.

In the order, Stobbs said that Maag had the burden of proof that a particular search and seizure of evidence is unlawful.

Stobbs ruled that there was probable cause to arrest Maag and also ruled that the testimony of Granite City Police detective Lori Perkins was credible.

Perkins testified that the night Maag was arrested, he contacted her by telephone in response to an advertisement the Granite City Police Department posted on the website "Craig's List" under the erotic services category.

Perkins also testified that Maag agreed to pay her $150 dollars for a one-hour meeting which would include sexual intercourse.

After Maag's arrest, and over his objection, Maag's vehicle was searched along with his person.

"The Defendant was in possession of money both on his person and in his wallet which was located in his vehicle," Stobbs wrote.

Stobbs also rejected Maag's argument that the search of his vehicle following his arrest violated his rights guaranteed by article I section six of the Illinois Constitution and the fourth amendment to the U.S. Constitution.

Stobbs ruled that since Maag's first contact with police occurred while he was inside his vehicle on a cellular phone, the search was consistent with applicable case law regarding vehicle searches.

In addition to Maag, five other individuals were arrested by the Granite City Police Department during the undercover prostitution sting. They have all pleaded guilty to the charges, were fined and placed on court supervision.

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