Thursday, July 03, 2008

Lower Bond Denied for Officer Accused of Rape


WAUKEGAN

A Lake County judge denied a motion to lower the bond of the former Waukegan police officer accused of raping a woman while on duty.

Judge Raymond Collins said today he saw nothing in the defense’s motion to justify lowering Delatwon Haynes $2 million bond, despite arguments that his accuser is an admitted drug addict.

“I don’t find anything that would change my mind,” Collins told defense attorney Joel Brodsky and prosecutor Patricia Fix, as Haynes stood by quietly. Bail was set at $2 million by Judge Daniel Shanes last week.

Brodsky had argued that Haynes’ clean record should be enough to lower his bond to something more manageable.

“There is nothing (in his past) that would say he would not obey all court orders or he would not show up for court,” Brodsky said.

Fix countered that, saying that the charges against Haynes are serious, and testimony Shanes heard last week warranted a high bond amount. Fix also said that there is precedent for a police officer being held on high bond. Last month a judge rejected a motion to lower a $1.5 million bond on for Gurnee police officer Jay Simon, who has been jailed on charges that he sexually assaulted two young girls.

Haynes, 32, of Zion, is accused of sexually assaulting a woman in January while he worked the midnight shift. He resigned from the Waukegan Police Department a few days after allegations of rape were brought against him by the then-Waukegan resident.

Last week the State’s Attorneys Office approved charges for four counts of aggravated criminal sexual assault, one count of aggravated kidnapping, two counts of aggravated sexual abuse and eight counts of misconduct.

Brodsky argued Wednesday, and has said in the past, that the allegations are unreliable, because the accuser admitted to police that she was a heroin addict.

Fix dismissed Brodsky’s claims, saying the State wasn’t going to try Haynes in the press, or reveal information about the case before discovery was due. Fix did however reveal that a used condom gathered by Haynes’ accuser at the scene contained Haynes’ DNA.

“That’s pretty strong physical evidence your honor,” Fix told Collins.

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