BELLEVILLE – Brad Van Hoose of Belleville has recovered a $250 fine he paid on a wrongful misdemeanor conviction three years ago.
St. Clair County Circuit Judge John O’Gara ordered a refund at a hearing on Nov. 12, but denied a refund of $500 in court costs.
O’Gara encouraged Van Hoose to pursue recovery of the $500 by other avenues.
“This is America and one has the right to litigate one’s differences in a court of law,” O’Gara said.
Van Hoose responded, “That’s all I ask for.”
Grand jurors indicted Van Hoose in 2016, on a felony charge of threatening a public official in the performance of his duties.
They charged that he shouted threats at Caseyville mayor Leonard Black on a parking lot off South Main Street.
Associate Judge William Clay set bond at $50,000.
Caseyville police arrested Van Hoose on a Friday afternoon.
Van Hoose posted $5,000 cash and Caseyville police released him.
Black and Bob Romanik, former grim reaper of radio, testified at bench trial before former associate judge Randall Kelley in 2017.
Special prosecutor David Rands represented the people of Illinois.
Kelley found Van Hoose didn’t commit a felony because his comments didn’t relate to Black’s official duties.
Instead, he found Van Hoose guilty of misdemeanor assault.
Van Hoose appealed to Fifth District judges, who vacated his conviction this July.
They found Rands didn’t establish any of the elements of assault.
They found neither Black nor Romanik testified that Van Hoose made any physical movement or gestures of a threatening nature.
Van Hoose moved for refunds of his fine and his costs, which reflected ten percent of his cash bond.
He and assistant state’s attorney Jen Peck appeared in person before O’Gara, and Rands appeared on Zoom.
O’Gara said the problem with the motion for costs was the bail statute.
“There were certain abuses, shockingly in the city of Chicago, with bail bondsmen,” O’Gara said.
He said legislators did away with bail bondsmen in the 1960s and created a way to post cash bail.
“In the old days you would have had to hire a bail bondsman and give the bail bondsman five grand, and the bail bondsman was going to keep ten percent of that five grand,” O’Gara said.
He said the clerk takes the place of the bail bondsman and accepts that ten percent.
“That ten percent is posted in every single criminal case in this county, in this state, and that ten percent is kept regardless of what happens,” he said.
“Even if you get acquitted, which you were, you still are out the ten percent of the bond that you had to post.”
Van Hoose said, “My bond was excessive and the charge was absurd.”
O’Gara said, “There are other mechanisms by which you can raise those issues and unfortunately this isn’t the avenue for them.”
He said, “Mr. Rands, I’m returning Mr. Van Hoose’s fines to him.”
Rands said, “Absolutely, your honor. I would point out to Mr. Van Hoose, however, that I do not set bonds. The court set his bond at $50,000.”
Van Hoose said what Rands did was completely irresponsible.
“He failed to instruct the jury about key things that would have prevented this case from ever going forward,” he said.
O’Gara said, “I encourage you to do what you’ve got to do.”
Van Hoose said, “What happened to me in Caseyville was a travesty to justice in this state and Mr. Rands should be ashamed of himself.”
O’Gara gave Van Hoose the bail statute and asked Rands if there was anything else.
Rands said, “No, your honor, thank you.”
While he was awaiting a decision on appeal, Van Hoose filed complaints against Kelley and Rands.
Kelley retired, which ended the jurisdiction of the Judicial Inquiry Board.
Black lost a bid for a second term, with 26 percent of voters on his side.
Romanik lost licenses for his four radio stations by choosing not to contest Federal Communications Commission charges that he disguised his ownership. He couldn’t own the stations because he served prison time for bank fraud.