Attempted Aggravated Kidnapping / Child Abduction
The Defendant was charged with Attempted Aggravated Kidnapping and Attempted Child Abduction. In the State of Illinois Attempted Aggravated Kidnapping is a Class 1 Felony with a possible prison sentence of 4-15 years. In this case, the Defendant was alleged to have attempted to lure two young girls into his van by deceit – in that he approached them and asked to pet their dog and when they brought the dog to the Defendant he allegedly snatched it away from them and ordered them in the car to retrieve the dog.
One of the attorneys that the defendant hired was Chicago Criminal Defense Lawyer Michael P. Schmiege to represent him. Upon speaking with the defendant and reviewing the police reports Mr. Schmiege believed that he could take case to trial and get a not guilty verdict.
At trial the two young girls testified that the Defendant attempted to lure them into his vehicle after snatching away their small dog and that he would not return the dog to them. Berwyn Police Officers also testified to the Defendants nervous demeanor and inconsistent statements that he made concerning where he was heading, where he was going and what he was doing. Berwyn Police also recovered a bag in the vehicle that prosecutors called the Defendants self made “kidnapping kit.” In this bag there was a child’s watch as well as candy. The prosecutors also called a witness who testified that the Defendant stated after his arrest, “I messed up, I am a sick individual.”
Chicago Criminal Attorneys Michael Schmiege then called the Defendants’ doctor to the stand who testified that the Defendant is a quadriplegic who really couldn’t have done everything that he was accused of because of his physical condition. The Defendants girlfriend was also called as a witness who testified that she had packed the alleged “kidnapping kit” and that it was her nieces watch.
Chicago Criminal Defense Attorney Michael Schmiege argued that the prosecutors failed to prove their case beyond a reasonable doubt and that while all of the circumstances of the case appeared to look bad there simply was no direct evidence that the Defendant had the requisite intent to abduct these two girls. The judge agreed and found the Defendant NOT GUILTY of Attempted Aggravated Kidnapping and Attempted Child Abduction and the defendant went home a free man and avoided a long prison sentence as well as lifelong registration as a sex offender.
Contact a Chicago Criminal Defense Lawyer if you or someone you love has been arrest for a sex crime in Illinois.