Charges upheld against murder parolee accused of stalking Elgin stripper
Charges that a paroled murderer stalked a former dancer at an Elgin-area strip club more than five years ago will stand despite a recent Illinois Supreme Court ruling declaring part of the state's law unconstitutional, a Kane County judge ruled Friday.
Kurt E. Johnson, 55, of Oswego, faces felony stalking charges after, according to police and Kane County court records, he alarmed the woman and caused her to fear for her safety by ignoring warnings to leave her alone and repeatedly showing up with gifts at her home and former place of employment, Blackjacks Gentlemen's Club.
He served half a 38-year sentence for the 1993 slaying of Michael Beshoar, a Morris man who began dating Johnson's ex-girlfriend, and was released from prison in 2012.
Johnson's recent case was put on hold in Kane County as an appellate court ruling pegged the state's stalking statute as unconstitutional because of its failure to set forth a criminal mental state.
The Illinois Supreme Court in November ruled that the statute violated the First Amendment but that certain areas of speech, such as true threats, are not protected.
Assistant State's Attorney Andrew Whitfield argued in court papers that Johnson was on trial for his conduct and actions, not speech.
"The defendant is not charged with 'communicating to or about' the victim in this case. Rather, he is charged with following, monitoring and/or surveying the alleged victim," Whitfield wrote.
In the end, Judge Clint Hull ruled that the charges against Johnson - that he "followed and/or monitored and/or surveyed" the woman, who has since moved out of state - were different from communications and could make her fear for her safety.
Johnson is free on bond and next due in court July 16. If convicted, he faces a sentence ranging from probation to up to three years in prison, but prosecutors could argue for an extended term based on his criminal history.
He also has filed a malicious prosecution lawsuit against the Kane County state's attorney. That case is next due in court June 20.