Yesterday, the Illinois Appellate Court for the Second District affirmed the Lake County Circuit Court’s November 22, 2024 dismissal of all criminal charges against Waukegan City Clerk Janet Kilkelly. The Appellate Court held that the Lake County State’s Attorney’s Office “presented deceptive and inaccurate evidence to the grand jury, thereby denying defendant due process.” The court found that the testimony presented to the grand jury through Illinois State Police Officer David Juergenson subjected Ms. Kilkelly to a prejudicial denial of due process and therefore the charges were properly dismissed.

Kilkelly had been charged in a multi-count indictment alleging misuse of public funds and official misconduct related to the administration of a COVID-era business relief program. Her trial attorneys, who included Donald Morrison and James Bertucci of Kelleher + Holland, LLC and Ricardo Meza of Meza Law, moved to dismiss the charges on the basis that the indictment was procured by false and misleading testimony, among other bases. The trial court agreed and dismissed all charges in November 2024.

The State appealed that decision, and the case was argued before the appellate court by Kilkelly’s legal team. In a published opinion, the appellate court affirmed the dismissal, agreeing that the charges were improperly brought and should not proceed.

Janet Kilkelly stated, “I am grateful that the appellate court has affirmed what the trial court already determined: that the charges against me should never have been brought. I appreciate the careful review given by the court and the professionalism of my legal team throughout this process.”

Donald Morrison of Kelleher + Holland, LLC, lead trial counsel, stated, “The appellate court’s decision confirms that the trial court’s dismissal was correct and supported by the law. We are pleased that this matter has now been conclusively resolved.”

“Our firm was proud to be part of the team representing Ms. Kilkelly before the trial court and we wish Janet the best as she continues serving the citizens of Waukegan as their City Clerk,” stated Ricardo Meza of Meza Law.

Joshua Vincent of Hinshaw & Culbertson LLP, lead appellate counsel, stated, “The appellate court’s opinion clearly explains why the State’s appeal failed and why the dismissal was properly affirmed. We are satisfied with the court’s thorough and well-reasoned decision.” Joseph Culig of Hinshaw & Culbertson, LLP was also a member of the Appellate Court legal team.