Man given 3 years for photographing child in Schaumburg

Agreeing with prosecutors that a DeKalb man poses a threat to the community, Cook County Judge Kay Hanlon sentenced 28-year-old Cortez Lewis to three years in prison Wednesday.

Hanlon found Lewis guilty of unlawful restraint following a bench trial last month. The sentence is the maximum allowed for the Class 4 felony.

Police arrested Lewis, formerly of the 900 block of Ridge in DeKalb, for taking photos of a 10-year-old boy at a Schaumburg arcade and restaurant last July. Prosecutors claim Lewis asked the boy to pose in a "catcher's stance" in what they described as a "secluded area" of the venue. They also say Lewis had a backpack whose contents included pornography and drawings depicting children, among other items.

Before sentencing, Assistant Public Defender Daniel Naranjo asked Hanlon to reconsider her verdict and set a new trial, saying that the state produced no evidence indicating Lewis restrained the victim and that "his actions did not rise to criminal conduct."

"Asking someone to pose for a photo can't be considered detention," Naranjo said.

Lewis never touched the boy, never forced him to pose, never menaced him by word or gesture and never indicated he had a weapon or told him he wasn't free to leave, Naranjo said.

Taking photos of someone "may be unusual behavior, unacceptable for most of us, but it's not a crime," Naranjo said.

It is in this case, said Assistant State's Attorney Karen Crothers, pointing out that unlawful restraint doesn't necessarily depend upon an act of physical force.

"He (the victim) did not feel he could leave," said Crothers, referring to the boy's testimony that he feared for his safety and that he believed Lewis had a gun or knife.

In announcing the sentence, Hanlon referred to Lewis' conviction last month in DeKalb County for disorderly conduct stemming from a June 2008 incident in which authorities say he took photos of children attending a youth baseball game. The strikingly similar circumstances suggest "the defendant is a grave danger," Hanlon said.

Arguing for a reduced sentenced, Naranjo referenced Lewis' "much less than charmed life" which included becoming a ward of the state at age 2 and living in several group and foster homes. Hanlon was not swayed.

"You are a major risk to the children of this community," she said.