MT. VERNON - The Fifth District Appellate Court held that a St. Clair County man may withdraw his guilty plea after he was charged with forging a false statement admitting to a double murder alongside the son of a former Alorton mayor. The man is also serving time for the attempted murder of a Cahokia teen and stealing a delivery truck.
A man charged with forgery can withdraw his guilty plea, according to a Fifth District Appellate Court ruling with its roots in a double murder committed by the son of a former mayor.
In a judgment authored by Justice James "Randy" Moore, the appellate court found that St. Clair County Circuit Judge Randall W. Kelley failed to comply with Illinois Supreme Court rules when he omitted certain "admonishments" about the consequences of a guilty plea and rights to appeal during plea agreement hearings for Anthony Moore. Moore was charged with falsely admitting the murders of two men.
The appellate court upheld Moore's right to withdraw his guilty plea to forgery, rejecting the state's argument that Moore was not prejudiced by the issues.
Moore entered a plea agreement to forgery after being accused of signing a false statement in 2015 admitting to the murder of Kevin McVay and Charles Black in Washington Park. At the time, the defendant was serving a sentence for attempted murder and was not due for parole until 2041.
According to court documents, Moore is currently serving a sentence of 20 years for the attempted murder of a 15-year-old girl in Cahokia, after which he is due to serve a federal sentence of at least 16 years for hijacking a delivery truck.
Criminal complaints state that Moore was originally charged with forgery alongside Randy L. McCallum Jr. and Dominic R. Hood. The statement was allegedly delivered to Belleville criminal defense attorney, Rick Roustio, by McCallum's father, former Alorton Mayor Randy “Rambo” McCallum Sr.
In 2016, McCallum Jr. was convicted of the 2008 first-degree murder of McVay and Black.
According to the appellate court ruling, Moore's plea agreement included a promise that he would testify against a defendant in a different case.
Further, during the plea agreement hearing, the prosecution "indicated" to Moore and his lawyer that it would "use its best efforts to transport the defendant to a facility, a jail outside of St. Clair County."
But Moore wrote that the appellate court's decision was based on the fact that the "admonishments given to the defendant did not comply with the requirements of Illinois Supreme Court Rules."
"We vacate the order denying the defendant’s motion to withdraw his guilty plea and remand for further proceedings," the panel concluded.
Justices Thomas Welch and Judy Cates concurred in the ruling.