Molestation victim wants money from bond

A child molestation victim wants a Lake County judge to allow her to recover some of a court judgment she won against her attacker from money the man has posted for bond in a new case.

But an attorney for Joseph Summers, who admitted molesting the girl in 2005, says the law does not allow bond money to be used for that purpose.

Summers, 42, of 1519 Hickory St., Round Lake Beach, is charged with multiple counts of predatory sexual assault of a child for molesting a young boy between July 1999 and March 2002.

He has pleaded not guilty in the case and has posted $153,000 in cash against a $1.53 million bond to be free while awaiting trial.

On Jan. 20, 2005, Summers pleaded guilty to aggravated criminal sexual abuse for molesting a young girl.

He was sentenced to 30 months of probation and ordered to undergo sex offender treatment.

Shortly after that guilty plea, Waukegan attorney Robert Hauser secured a $500,000 civil court judgment against Summers on the girl's behalf.

On Friday, Hauser and Libertyville attorney Vernon Morgan asked Circuit Judge John Phillips to award some portion of the bond money to the girl when the criminal case against Summers is concluded.

"We are asking for the right for our client to make a claim against those funds," Morgan told Phillips. "You have the authority to order that distribution.

But Summers' attorney, Albert Wysocki of Lake Villa, told Phillips he does not have the authority to order that distribution.

"The law allows bond money to be used for fines, costs, restitution and attorney fees," Wysocki said. "Other than that, bond money is not subject to attachment."

Complicating the matter further, Wysocki said, is the fact the money that was posted for the bond does not belong to Summers.

"His father-in-law put up the money for the bond," Wysocki said. "You cannot use his money for that purpose, because there is no judgment against the father-in-law."

Phillips said he would rule on the matter Nov. 21.

Summers is scheduled to go on trial in the current case against him Dec. 1