MOUNT VERNON - Belleville lawyer Randy Kelley let Johnston City lawyer Meagan Rich push him aside as advocate at trial for felony suspect Robbie Hayes, her lover at the time, and now Hayes could get a new trial over charges accusing him of cutting another man's throat with knife at an American Legion Hall in Bluford, a state appeals panel has ruled.
On June 28, a three-justice panel of the Illinois Fifth District Appellate Court declared a conflict of interest and granted Hayes a second trial in Jefferson County.
The justices backed up their ruling by quoting a message Rich sent to Hayes stating she felt very conflicted.
The decision was authored by Fifth District Appellate Justice James R. Moore. Justices John B, Barberis and Mark M. Boie concurred in the ruling.
Jurors convicted Hayes of armed violence and possession of a weapon by a felon in 2019.
However, according to the appellate decision, Hayes' defense at the first trial may have been compromised by the ongoing sexual relationship between Hayes and Rich, a relationship which was allegedly hidden from Rich's co-counsel until after the trial.
Kelley allegedly didn’t know Hayes and Rich slept together, according to his testimony at a hearing before Circuit Judge Jerry Crisel in 2020.
Crisel heard testimony from Kelley and Rich and denied a second trial, finding the evidence against Hayes overwhelming.
In the appellate decision, Moore wrote, “However, that is not the standard.”
Moore found a defendant doesn’t have to prove that the jury wouldn’t have convicted him but for deficiency in his representation.
Moore found a defendant has to prove a conflict existed and deficient performance occurred.
Moore wrote, “Our review of the record demonstrates numerous ways in which Rich’s sexual and emotional relationship with her client resulted in a diminished performance which negatively affected the defendant at trial.”
Hayes carried a felony record under the Methamphetamine Control and Community Protection Act when he entered the American Legion tavern in Bluford on July 14, 2018.
According to court documents, Hayes flirted with a woman, identified as Mary Sandy, and they discussed leaving together.
Another woman, identified as Tracy Price, interrupted and told Sandy he was married and she couldn’t leave with him.
An argument started and spread until the bartender sent the instigators out.
Hayes went to his truck but a car blocked his exit.
He and Price's husband, Brian, then came into contact and Brian suffered a laceration to his neck.
Moore wrote, “Brian was transported to a local hospital and then sent by helicopter to St. Louis University Hospital.”
Grand jurors returned an indictment alleging Hayes struck Price with a knife or sharp instrument and possessed a dangerous instrument as a felon with intent to use it unlawfully.
Hayes retained attorney James Gomric, of Belleville, but Gomric left private practice to replace current state police director Brendan Kelly as state’s attorney.
Attorneys Chet Kelly, Tom Kelley, and Randy Kelley substituted and Randy Kelley generally handled Hayes’s representation, according to Moore.
Rich entered an appearance for Hayes on June 28, 2019, with trial 11 days away.
According to Moore she had represented Hayes on criminal matters and their personal relations had been off and on.
Without telling Kelley, Rich began investigating detective Bobby Wallace. She hired an investigator and sent subpoenas to law enforcement departments where he might have worked, seeking records of his discipline and trial testimony.
She filed motions and an answer to discovery stating the defense learned Wallace had been disciplined for misconduct.
Hayes intended to impeach Wallace with employment files and testimony of Judge Stanley Brandmyer from his time as Clinton County state’s attorney.
Jefferson County state’s attorney Mark Featherstun moved to exclude that evidence and Crisel denied it.
At the start of the trial, Crisel said he wasn’t sure whether Kelley or Rich was lead counsel .
Rich responded that Kelley was.
Featherstun said, “Are you guys sure about that?”
He called Legion customers and witnesses who treated Price’s injuries to the stand.
Crisel published the previous conviction to the jury.
He played video of the premises.
Brian Price testified Hayes had a knife and cut his throat.
Rich conducted direct examination of Sandy and another witness, Wilford Schumm.
Kelley called Hayes to the stand and he testified about his crimes and drug problem.
Hayes said Price came towards him yelling and ripping his shirt off and he had no choice but to defend himself.
He said he punched Price but denied stabbing or slicing at him or having a knife.
Hayes did not call Wallace or Brandmeyer.
Featherstun delivered a closing argument.
Rich closed for Hayes and told jurors two minutes were missing from the video. She stayed silent for two minutes.
Jurors returned a guilty verdict.
In October 2019, as Crisel deliberated a sentence, Rich withdrew.
Attorney Michael Murphy entered for Hayes and revealed the sexual side of the trial.
Crisel disqualified Kelley.
Murphy moved to arrest judgment, acquit Hayes outright, or grant a second trial.
At a hearing in January 2020, Kelley testified he generally advised clients not to testify and he handled cases in a manner consistent with that.
He said the plan changed after Rich examined Sandy and Schumm.
He said he planned on giving the closing argument, but Rich and Hayes informed him the day before that she would handle it.
He said he was unaware of their relations until after trial when Hayes told him.
He said he believed he wasn’t present for many of their conversations.
He said he wasn’t aware that on many occasions Rich told Hayes Kelley was "stealing" his money and "not working on his case."
Kelley said he believed he acted as lead counsel and made strategic decisions up to a point where it became clear there were dealings between Rich and Wallace.
He said he did not feel comfortable calling Wallace and the jury wasn’t able to hear about Wallace’s alleged previous mishandling of evidence.
He said while he didn’t want Hayes to testify he felt like they had no choice because of the way the trial progressed and the evidence that developed.
Kelley said he didn’t challenge Rich on delivering the closing argument because Hayes told him they prayed about it.
He said, “I believe that the relationship had impacts on the way the trial progressed.”
Rich admitted she texted Hayes in jail after trial and informed him again that Kelley only cared about money and she couldn’t understand how he could sleep at night.
She admitted she sent a message that if something went wrong she’d never forgive herself.
She told Hayes’s sister that she wondered if Hayes should just let Kelley handle the conclusion of the case.
She told her he gets the big bucks and, “I’m very conflicted about it.”
Rich told Hayes' sister, “I always care for my clients, but this situation is very, very different.”
Rich testified she had ill feelings towards Sandy because of Sandy’s relations with Hayes.
She said she and Hayes discussed strategy without Kelley at night.
She said they planned for her to cross examine Wallace and the plan did not include any other portion of the trial.
Crisel denied a second trial and sentenced Hayes to 25 years and 10 years concurrently.
Hayes moved for reconsideration in 2021, Crisel denied it, and Hayes appealed.
Moore found that when Rich’s representation began and when they engaged in a relationship again left room for speculation.
He found Rich’s mistrust of Kelley could have come from legitimate concern or from inability to set aside her emotions.
He found she actively undermined his credibility and used that leverage to insert herself into a position of representation.
He found Rich recognized her attachment was “very very different.”
He found the relationship resulted in an overzealous and unnecessary investigation into Wallace which ultimately resulted in him not being called as a witness.
He found the defense was unable to put into evidence that Wallace had been reprimanded for mishandling of video evidence where portions were missing.
He found the defense insinuated that someone had a vendetta against Hayes without putting forth who that person was.
He wrote, “The jury was asked to speculate instead of being able to consider Wallace’s personal vendetta against the defendant and his alleged history of doctoring video evidence.”
He found if Wallace denied any discipline the defense would have called a sitting circuit judge who would have testified that as a state’s attorney he would never use Wallace as a witness.
He wrote, “Rich deliberately withheld her honest assessment of the defendant’s chances of success at trial in order to protect his feelings.”
He found that’s the exact harm the rules of conduct are designed to prevent.
Nathan Swanson of Scott Rosenblum’s firm in St. Louis County represented Hayes.
Appellate prosecutor Laura Bialon of Ottawa represented the people before the appellate court.