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Menard radio case goes to appeal

Posted July 20, 2016 11:00 pm

By Pete Spitler Staff Writer

A bit of a bizarre case involving Menard Correctional Center in Chester is heading to the 5th District Appellate Court in Mount Vernon.

Three St. Louis residents, 31-year-old Leanne M. Mead, 31-year-old Jennifer E. Wilson and 25-year-old Anderson R. Sweetser, were all charged on Feb. 2 with bringing contraband into a penal institution after they were caught broadcasting pre-recorded messages via a radio transmitter from a bluff above the maximum-security prison.

Walker said the transmitter was battery-powered, hooked up to a MP3 player and located not on prison property, but "very close." Once activated, the transmitter gave Menard's inmates access to the messages through their radios.

"It was anti-law enforcement, anti-establishment, anti-prison," said Randolph County State's Attorney Jeremy Walker. "There were some references to the uprising in the Ferguson area."

Walker was asked if the stunt was part of the "Black Lives Matter" social movement.

"I don't think so at all," he said.

Walker noted that the messages did not instruct the inmates at the prison to riot or harm law enforcement, which would have brought about more severe charges.

The trio was alleged to have placed the transmitter near Menard on November 24, 2015.

"It was a set time," Walker said. "A certain day of the week at a certain time they would come and that's how we were able to locate the equipment that was found."

On July 6, Randolph County Associate Circuit Judge Gene Gross granted a motion by the defendants to dismiss the case, after they successfully argued that their actions were not a violation of the law.

Walker noted that he has received information from the Illinois Department of Corrections that the trio had participated in protests at Menard in the past.

"They argued that (the charge) violated their first amendment rights and the statute regarding electronic contraband was not specifically defined," Walker said.

Walker was asked how the broadcasted messages were not a violation of Federal Communications Commission (FCC) regulations.

"We believe that it is," Walker said. "However, the federal authorities declined to prosecute, at least at this time. We believe it was an unlicensed broadcast.

"We attempted two different federal avenues and were shunned both ways we tried."

Walker said he is disappointed by the court's decision and noted that the situation presents a serious security risk for prison personnel and sets a dangerous precedent.

"I don't care if they were broadcasting 'Sesame Street' in there, I care that they had unmonitored access to the inmates," Walker said. "It's unlicensed and unmonitored communication into a maximum-security facility, I can't believe that doesn't violate the law."

Walker said he has "definitive proof" that some inmates were listening to the messages, but he did not know how many.

"We had evidence at the preliminary hearing that some inmates were listening," he said.

Walker said he received confirmation from the Appellate Court on Thursday and is asking the court to reverse Gross's decision and reinstate the case for trial.

"Based upon my prior experience with criminal appeals, it could be six months and I would not be surprised if it's a year," Walker said on when a decision could be announced by the Appellate Court. "It's based on their caseload and the priority they assign to it."

Walker has indicated he has sought out State Rep. Jerry Costello II (D-Smithton) as well as the legal counsel for IDOC to work on legislation that will prevent such situations from occurring in the future.

"I've talked to Jerry about it," Walker said. "He sees the problem and he's very much concerned about the safety of the institution and its employees."

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