U.S. Attorney Stephen Wigginton wants St. Clair County probation officer James K. Fogarty detained pending trial saying he is a flight risk and a danger to the community.
Charges were filed against Fogarty on Friday in federal court in East St. Louis, accusing him of providing cocaine to St. Clair County judges Michael Cook and the late Joseph Christ who died March 10 of cocaine intoxification.
In a motion for detention filed in federal court today, Wigginton also stated there is “serious risk” that Fogarty would “obstruct or attempt to obstruct justice, or threaten, injure, or intimidate” a prospective witness or juror.
The government is asking for a three day continuance of Fogarty’s initial appearance which had been set today at 1:30 p.m.
Belleville attorneys Clyde Kuehn and Justin Kuehn entered appearance today on behalf of Fogarty.
According to an FBI agent’s affidavit, Fogarty said he had used drugs with Cook and Christ on multiple occasions.
Fogarty told agent Joseph Murphy that he “did a line” with Cook and Christ, and sold them a split “eight ball” of cocaine for $140 each, the day before the judges went to a Pike County cabin owned by the Cook family where Christ was found dead.
It was revealed Friday that Christ’s death was drug -related – not natural causes as the public was told at the time he died.
Cocaine and paraphernalia were retrieved from the scene, according to the Pike County Coroner.
Cook was charged Friday with being a user of heroin in possession of a firearm and possessing heroin. He pleaded not guilty to the charges, and was released on a $10,000 unsecured recognizance bond.
The feds also want Sean D. McGilvery of Belleville - who was arrested last week in connection with the unfolding drug scandal – held pending trial.
McGilvery is accused of possessing and distributing large quantities of heroin – exceeding one kilogram — in an operation where resources were pooled and drugs were run from Chicago.
He was charged on May 23 and is being held in custody by U.S. Marshals pending a detention hearing on May 30.
Drug Enforcement Agency (DEA) task force officer Neal Rohlfing stated in an affidavit that McGilvery conspired with Deborah A. Perkins, 65, and Douglas W. Oliver II, 47, a mother-son duo from Fairview Heights, to distribute and to possess with intent to distribute in excess of one kilogram of heroin.
Perkins and Oliver were charged in St. Clair County in September with concealment of the homicidal death of Jessica M. Williams of Collinsville. Cook did not initially preside over their cases but did so months later, court records show.
Investigators identified Perkins and Oliver as responsible for moving the body of Williams – who died of a heroin overdose – from Fairview Heights to Washington Park to conceal her death.
The case against Cook came to light Thursday morning when State’s Attorney Brendan Kelly filed close to 500 motions for the substitution of judge in pending criminal cases before Cook, saying the judge was prejudiced. He elaborated on the reasons for substitution only in the Perkins and Oliver cases.