Attorney: Woman involved in Sauer case won't allow phone to be tested
An attorney for a disgraced former state legislator accused of posting nude images of two women online without their consent claims one of the women is against allowing forensic testing on her phone.
Daniel Locallo, Nick Sauer's defense attorney, said in a court motion filed Feb. 7 that the Lake County state's attorney's office initially agreed to allow forensic testing of the accuser's phone, court records show. However, prosecutors later told defense attorneys they will oppose the requests because the woman did not wish to turn over her phone, court records show.
Locallo said in the court motion the phone testing "is essential and material to the preparation of the defense."
The two sides will head to court Wednesday to discuss the issue in front of Judge Patricia Fix. The trial is tentatively scheduled for Aug. 19.
Sauer, 36, of Lake Barrington, has pleaded not guilty to a dozen criminal charges of nonconsensual dissemination of private sexual images. If found guilty at trial, he could be sentenced up to three years in prison, authorities said. Probation also would be possible.
Assistant State's Attorney Fred Day said he could not comment on the case.
Sauer resigned from his state House District 51 seat last summer after a former girlfriend accused him of posted nude photos of her on Instagram. The unidentified woman said Sauer created an Instagram account using her name and placed the images there to lure men into graphic discussions.
Defense attorneys said the woman who filed the initial complaint against Sauer is not willing to have her phone tested.
Melissa Kreithen, who later identified herself in a news release as the second woman to file a complaint in the case, said she met Sauer through social media and they began dating in mid-2016. She said she contacted police after seeing a news report about the allegations.
Authorities say they investigated and also found pictures Kreithen sent to Sauer on a fake Instagram account.
There is no mention of Kreithen or her phone in the latest court documents.
Sauer is charged with nine counts involving images of the unidentified woman authorities say he posted online between March 24 and July 18, 2018. Three counts stem from images of Kreithen posted between Sept. 8 and Oct. 31, 2017.
Sauer, a Republican, was elected to the state House in 2016. He previously served on the Lake County Board and the Barrington Unit District 220 school board.
As part of his release on bond, Sauer is barred from using social media and cannot contact either of his accusers.