Former judge found guilty of resisting arrest wants his conviction tossed
BY DAN ROZEK AND BETH KRAMER Staff Reporters January 30, 2013 8:00PM
A former Lake County judge found guilty last year of resisting arrest during an early-morning traffic stop that also saw him charged with drunken driving wants his conviction tossed.
Retired Judge David Hall contends he shouldn’t have been convicted because prosecutors didn’t prove he was under arrest when he refused to leave his car after being ordered out by a Vernon Hills police officer.
Hall was pepper-sprayed and briefly hospitalized following the 1:40 a.m. altercation on April 26, 2008.
His request to throw out his misdemeanor conviction was filed two weeks after Hall completed 100 hours of court-ordered community service work imposed after his July 2012 trial. Hall, who retired last year shortly after being diagnosed with ALS, also was fined $1,000.
He was acquitted of the drunk-driving charge that resulted from the same traffic stop.
The legal move marks the latest twist in a four-year legal battle that included efforts by Hall to dismiss the charges after one of the officers who arrested him died of a heart attack less than two months later.
Hall at one point filed a federal suit against the deceased officer and Vernon Hills police, contending he was the victim of excessive force, though he later dropped the suit.
A crucial lab sample taken after his arrest that indicated his blood-alcohol level was above the .08 legal limit was barred by an appeals court from being used at his trial.
Hall was convicted of resisting arrest after a second police officer involved in the traffic stop testified he saw the judge try to roll up his window after being ordered out of his car.
In his new filing, Hall’s attorney contended prosecutors failed to prove Hall was under arrest or had done anything illegal at that time.
“At the point of raising the window, the defendant had done nothing for which he could be arrested,” defense attorney Douglas Zeit contended in the filing.
Kane County Judge Keith Brown, who presided over the trial to avoid potential ethical conflicts, could rule on Hall’s request to throw out his conviction following a Thursday hearing.
Prosecutors will object to Hall’s request to toss his conviction, said a spokeswoman for Illinois Attorney General Lisa Madigan, whose office handled the case