Phone harassment case continued in Madison County; Plaintiff alleges perpetrator played 'revolting human bodily functions'

Madison County Circuit Judge William Mudge on April 23 continued a hearing that had been scheduled for April 24 in a man’s case against the Madison County resident who he claims called him multiple times a day, playing audio recordings of Bible verses and “revolting human bodily functions.”

Kip Lackey claims he received at least 200 phone calls from defendant Gary Layton in the suit filed last September. The calls, which occurred at a frequency of one to eight times per day, five to six days per week, were intended to harass Lackey, the suit claims.

The calls consisted of pushing random buttons and playing audio recordings of “disgusting and revolting human bodily functions, including but not limited to belching,” the suit states.

Lackey’s attorney Robert Elovitz of Edwardsville wrote in his motion to continue that he had a vacation scheduled from April 23 through May 1 with non-refundable reservations.

“The purpose of this motion is for neither harassment nor needless delay,” the motion states. “That the undersigned counsel is a sole practitioner, and there is no other attorney that can attend to this matter on his behalf.”

During the calls, Layton also played “audio recordings of the Bible, knowing that Plaintiff is a devoutly religious Christian but deliberately intending these audio recordings to cause plaintiff emotional distress, and said harassment did in fact cause distress to plaintiff’s emotional health,” the complaint says.

Lackey alleges the calls violated the criminal laws of the state of Illinois.

In his complaint, Lackey is seeking an unspecified judgment.

Madison County Circuit Court case number: 12-L-1514.