Lake Co. judge says he was drinking but did nothing illegal

Lake County Circuit Judge David Hall admitted in court Wednesday to drinking alcohol before his April 26 arrest on DUI and resisting arrest charges, but denied violating any laws.

The former chief judge took the stand as his attorneys sought to prove Vernon Hills police had no reason for the early morning traffic stop, which ended with Hall being pepper sprayed and charged.

The case is being heard by Kane County Civil Judge F. Keith Brown, who could rule as early as next month on the defense's motion to quash the DUI charge due to lack of probable cause.

"There is no credible evidence my client was in violation of any law," said defense attorney Douglas Zeit. "The sum total of what (prosecutors) have here is an odor of an alcoholic beverage on Mr. Hall's breath after he has been pepper sprayed."

Testifying Wednesday, Hall, 55, said he had consumed alcohol at two locations - a fundraising event and a private club - before he was pulled over by Officer Jesse Goldsmith around 1:45 a.m. on Route 60, west of St. Mary's Road. He denied, however, that he had been weaving in and out of his lane, as Goldsmith reported in his account of what led to the traffic stop.

The situation escalated when Hall turned the key to his ignition after being told he was under arrest, according to Officer Mark Sosnoski, who was second on the scene. That's when Goldsmith opened the driver's side door, pulled Hall out of the vehicle and accused him of resisting arrest, Sosnoski testified Wednesday.

Hall's attorneys argued their client could have been turning on the vehicle to open the door for the Goldsmith, but prosecutors called the behavior unusual and indicative of Hall's state of mind.

"Who does that? Not a sober person," argued Assistant Attorney General William Elward, who said tests would later show Hall's blood-alcohol concentration was above 0.1 percent. In Illinois you're legally drunk if it reaches 0.08 percent.

Complicating matters is the fact that Goldsmith died of an apparent heart attack in June. Sosnoski testified primarily about events that took place after he arrived on the scene, but he also was allowed to recall some conversations he and Goldsmith had about the case.

Also on Wednesday, defense attorneys raised new jurisdictional issues about the arrest.

While Hall was pulled over at least a mile outside of the Vernon Hills corporate limits, the defense is questioning whether Goldsmith claimed to have observed Hall driving erratically within Goldsmith's police jurisdiction.

Hall declined to comment further outside the courtroom.

Brown continued Wednesday's hearing to Sept. 17.