Judge David Kelly’s Approach to Detention Petitions in Chicago
When someone in Illinois is charged with a “detainable offense,” prosecutors must decide to seek the individual’s detention, and a judge must approve the request. In Cook County and statewide, judges grant initial detention petitions roughly two times out of three. However, in Chicago, one judge stands out for his approach to detention petitions – Judge David Kelly.
During a recent 70-day period, Judge Kelly granted just 46% of detention petitions, the lowest approval rate of the nine judges assigned to the pretrial division at the 26th and California courthouse in Chicago. In the first two weeks after this information came to light, Kelly’s performance remained consistent as he approved only 48% of detention petitions.
Dual Escape and Kelly’s Decision
One incident highlighted Judge Kelly’s decision-making process. Prosecutors had asked Kelly to detain Wrentles Brimmer and Deonte Cousins earlier this year when they were charged with participating in a violent robbery. Despite the seriousness of the charges, Kelly denied both petitions and allowed the men to be sent home on electronic monitoring. Unfortunately, Brimmer cut off his ankle monitor in April, and Cousins escaped from his electronic monitoring band in June. Brimmer is now in jail after a different judge granted a detention petition in connection with a new gun case.
Since mid-September, Judge Kelly has denied detention petitions for individuals accused of serious crimes such as attempted murder, aggravated battery by discharge of a firearm, attempted robbery, and robbery. Despite the nature of these offenses, Kelly has chosen not to detain these individuals pending trial.
It is important to note that our detention rate data is based on non-domestic felony cases filed at 26th and California, excluding suburban matters.
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