Crime & Safety
Judge Tosses Joliet Sex Predator's Life Sentence, Orders New Trial
The Will County State's Attorney's Office will fight Will County Judge Sarah Jones' ruling that a critical error occurred during Wilbert Edwards' trial.
A Joliet man serving life in prison for sexually molesting two young boys had his conviction overturned Monday by a Will County judge, a spokesman for the Will County State's Attorney's Office said.
Will County Judge Sarah Jones vacated the 2002 conviction and sentence of Wilbert William Edwards, 36, during a post-conviction hearing that centered on an error allegedly made by Edwards' defense attorney, spokesman Charles Pelkie said.
It's a decision the state's attorney's office finds inexplicable, Pelkie said.
"We're completely baffled by the judge's ruling," Pelkie said. "We can find no allegation raised (to prove) any prejudice to the defendant, nor was there any shown (during the post-conviction hearing)."
Edwards was convicted more than a decade ago on four counts of predatory criminal sexual assault stemming from his sexual contact with two boys, ages 6 and 8, for whom he babysat. In both cases, Edwards had the boys to stay at his home while their mothers, whom he knew, went to work or out for the evening, according to a Chicago Tribune story.
The abuse occurred for about three months in 2001 and 2002, until the boys told their mothers, the story said.
The bench trial was overseen by Judge Stephen White and marked the first time in Will County that young victims were allowed to testify in another room via closed-circuit camera so they would not have to face their alleged molester.
Before deciding if he would allow the cameras to be used, White asked to interview the boys by themselves in his chambers, Pelkie said.
Jones, in overturning the conviction, ruled that Edwards' attorney made a critical trial error by not objecting to the boys talking to the judge outside of the courtroom, Pelkie said. The phrase cited was "ineffective assistance of counsel," meaning the defense attorney made an error that was "so serious that (it) resulted in the denial of a fair trial," according to "Nolo's Plain-English Law Dictionary."
The state's attorney's office disagrees, Pelkie said, and plans to ask Jones to reconsider her ruling. If she refuses, they will take it to the appellate court, Pelkie said.
White testified at the post-conviction hearing about what the boys told him, and prosecutors believe there was no evidence presented that showed his conversation altered what the boys testified to or had any type of prejudicial effect, Pelkie said.
In the meantime, Edwards has been returned to the Will County jail and bond has been set at $250,000. So far, no one has paid the $25,000 needed to free him while the ruling is appealed.
Jones has proven to be something of controversial judge. She raised eyebrows earlier this month when she threw out the three-year sentence she gave Jerome Henry, a former Will County Courthouse bailiff convicted of child pornography possession. His new sentence was two years' probation, fines and 130 community service hours, which were waived.
She was also the judge who sentenced Joseph Messina, of New Lenox, to probation after he was convicted of aggravated battery in the Eric Bartels case. Messina was convicted of punching Bartels during a bar fight, causing injuries so severe that the Joliet man is now wheelchair-bound and cannot move, eat, drink or communicate.
Will County State's Attorney Jim Glasgow was so incensed by the decision that he vowed to seek legislation making prison time mandatory for anyone convicted of aggravated battery resulting in serious bodily harm.
It's a decision the state's attorney's office finds inexplicable, Pelkie said.
"We're completely baffled by the judge's ruling," Pelkie said. "We can find no allegation raised (to prove) any prejudice to the defendant, nor was there any shown (during the post-conviction hearing)."
Edwards was convicted more than a decade ago on four counts of predatory criminal sexual assault stemming from his sexual contact with two boys, ages 6 and 8, for whom he babysat. In both cases, Edwards had the boys to stay at his home while their mothers, whom he knew, went to work or out for the evening, according to a Chicago Tribune story.
The abuse occurred for about three months in 2001 and 2002, until the boys told their mothers, the story said.
The bench trial was overseen by Judge Stephen White and marked the first time in Will County that young victims were allowed to testify in another room via closed-circuit camera so they would not have to face their alleged molester.
Before deciding if he would allow the cameras to be used, White asked to interview the boys by themselves in his chambers, Pelkie said.
Jones, in overturning the conviction, ruled that Edwards' attorney made a critical trial error by not objecting to the boys talking to the judge outside of the courtroom, Pelkie said. The phrase cited was "ineffective assistance of counsel," meaning the defense attorney made an error that was "so serious that (it) resulted in the denial of a fair trial," according to "Nolo's Plain-English Law Dictionary."
The state's attorney's office disagrees, Pelkie said, and plans to ask Jones to reconsider her ruling. If she refuses, they will take it to the appellate court, Pelkie said.
White testified at the post-conviction hearing about what the boys told him, and prosecutors believe there was no evidence presented that showed his conversation altered what the boys testified to or had any type of prejudicial effect, Pelkie said.
In the meantime, Edwards has been returned to the Will County jail and bond has been set at $250,000. So far, no one has paid the $25,000 needed to free him while the ruling is appealed.
Jones has proven to be something of controversial judge. She raised eyebrows earlier this month when she threw out the three-year sentence she gave Jerome Henry, a former Will County Courthouse bailiff convicted of child pornography possession. His new sentence was two years' probation, fines and 130 community service hours, which were waived.
She was also the judge who sentenced Joseph Messina, of New Lenox, to probation after he was convicted of aggravated battery in the Eric Bartels case. Messina was convicted of punching Bartels during a bar fight, causing injuries so severe that the Joliet man is now wheelchair-bound and cannot move, eat, drink or communicate.
Will County State's Attorney Jim Glasgow was so incensed by the decision that he vowed to seek legislation making prison time mandatory for anyone convicted of aggravated battery resulting in serious bodily harm.
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