2025 IL App (4th) 241527
Ill. App. Ct.2025Background
- Jesse Post was charged in Illinois with three counts of predatory criminal sexual assault of a child, involving three victims under age 13, for incidents alleged to have occurred between January and May 2020.
- The State sought to deny Post pretrial release under the Pretrial Fairness Act, contending he posed a real and present danger to the community and victims, supported by both the current charges and historical allegations.
- After an initial denial of pretrial release was vacated for insufficient record, a detailed detention hearing was held on remand, incorporating hearsay statements, proffered testimony, and witness accounts focused on Post's alleged pattern of sexual abuse.
- Evidence included forensic interviews of the three child victims, past proffered allegations by Post's own daughter in 2017, social media history, and testimony from the mother of the alleged victims and other individuals claiming inappropriate conduct by Post.
- Post argued for conditional release, offering to relocate, accept electronic monitoring, and abide by no-contact orders, insisting there was no ongoing risk since allegations dated back four years and there had been no intervening incidents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of hearsay and proffered evidence in detention | Admissible and relevant for risk | Hearsay and uncharged acts should not be considered | Hearsay admissible; no error in its admission |
| Sufficiency of evidence for pretrial detention | Detention needed to protect all | State failed to prove no less restrictive options | Denial of release not against manifest weight of evidence |
| Individualized assessment of risk and conditions | No conditions could ensure safety | Release possible with strict conditions | No set of conditions could adequately mitigate the threat |
| Reliance on prior, uncharged allegations | Shows pattern and relevant history | Remote, unproven, no charges ever brought | Pattern of behavior relevant and properly considered |
Key Cases Cited
- People v. Morgan, 2025 IL 130626 (standard for reviewing manifest weight of the evidence in pretrial detention decisions)
- People v. Johnson, 218 Ill. 2d 125 (hearsay admissibility in certain pretrial contexts)
- People v. Hillier, 237 Ill. 2d 539 (requirements for argument preservation and forfeiture on appeal)