WAYNE CO.—Having what was once considered to be among the most powerful defense attorneys in downstate Illinois didn’t do much to help the situation of former Fairfield and Gallatin Schools educator Haven Kirkpatrick.
Kirkpatrick, left, with an unknown girl in better days
Attorney Bryan Drew was not present today, February 8, when Judge David Frankland imposed a sentence of three years Department of Corrections for the former teacher in the first four of eight charges that she sexually abused a 17-year-old Fairfield Community High School female student of hers in 2010. On the second four of the eight, he imposed a sentence of four years probation.
Former Kirkpatrick attorney Drew was replaced in a last-minute effort (yesterday) to probably draw things out; his replacement is Flora attorney Gary Milone. There’s been no word of why Drew was replaced; but more on that in a minute.
We’re working on the specifics of the sentencing guidelines, but we understand that because this was a crime against a child, Kirkpatrick will have to serve 85 percent of her sentence as opposed to 50 percent….or roughly two and a half years, as opposed to a year and a half.
There is reportedly a huge amount of fines and fees as well; $10,000 cash bond was posted after her July 2010 arrest, so Wayne County is likely looking at keeping all of that and bringing in more, since the case went to a bench trial back in October and there are costs associated with that.
Haven K, being transported to the WCSD across the street from the courthouse.
Kirkpatrick was taken away in handcuffs today and is being held by the Wayne County Sheriff’s Department pending transport to one of Illinois’ women’s prisons, probably Dwight.
Before that Kodak moment, however, Milone, as predicted, filed for a new trial for Kirkpatrick. We haven’t learned whether the argument for this is “ineffective counsel” on the part of Drew, but from his less-than-stunning performance last October, that’s probably a very predictable given.
When we get the rest of the details—including victim’s impact statements—we’ll bring them. The family of the victim, it’s been reported, is very happy with the sentencing; no word on what they think about the request for new trial.
There’s been a conference call setting made to discuss the motion for a new trial of March 21 at 8:30 a.m. (originally set for March 28, changed today, apparently).
Representing the state in the matter will continue to be Edwards County state’s Attorney Mike Valentine, who has done a very admirable job handling the case.