Elgin stalking case on hold for state Supreme Court review
The case of an Oswego man on parole for murder who is charged with stalking a stripper at Elgin's Blackjacks Gentlemen's Club in early 2013 is on hold.
In a separate, Cook County case against another man, an appellate court ruled in June that the state's stalking/cyber stalking statute was unconstitutional, so the Kane County case against Kurt E. Johnson, 53, will wait until the Illinois Supreme Court gives its opinion.
Johnson was convicted of the 1993 slaying of Michael Beshoar, a Morris man who began dating Johnson's ex-girlfriend, and released from prison in 2012.
Johnson was arrested in early 2013 and charged with stalking, a felony that carries a top prison term of three years, although prosecutors could argue he is eligible for an extended prison term of up to six years because of his previous criminal record.
Johnson is accused of sending the stripper, who has since moved out of state, gifts and showing up at her work and home uninvited and after being warned not to.
The woman was not physically injured.
An appellate court in June ruled that Illinois' stalking and cyberstalking laws violated the First Amendment protection of free speech and the Fourteenth Amendment of due process.
In its ruling, the appellate panel concluded the law didn't address a person's intent to knowledge of wrongdoing.
If the supreme court agrees that the state's stalking law is unconstitutional, then defense attorney Jim Ryan will push to have the charges dismissed.
Ryan also argued this week for a new bail to be set for his client, whose bail was revoked after he was accused in 2015 of threatening a probation official. He was found not guilty in a bench trial.
Judge Linda Abrahamson set Johnson's bail at $500,000, meaning he must post $50,000 to be released from jail while the case is pending.
Johnson is next due in court on Jan. 25.