12/11/2024
Ed's Newsletter - APPELLATE COURT AFFIRMS PRIEST'S CONVICTION FOR SEXUALLY ASSAULTING SHAPIRO RESIDENT
McMANUS CONSULTING
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Ed’s Newsletter
No. 372 – Nov. 12, 2024
TRIAL JUDGE HAD RULED DETERRENCE WAS APPLICABLE ‘FOR ANY PRIEST THAT THINKS HE CAN GET AWAY WITH IT’ . .
The IL Appellate Court has affirmed the 18-year sentence imposed on retired Catholic priest Richard Jacklin for sexually assaulting a Shapiro Developmental Center resident.
According to Jeff Bonty of the Kankakee Daily Journal, Jacklin’s lawyers argued that:
--The circuit court erred when it barred the introduction of evidence regarding Jacklin’s ability to understand the nature of his actions at the time of the incident;
--The court erred when it barred evidence related to the victim’s ability to consent;
--The prosecution failed to prove him guilty beyond a reasonable doubt;
--His sentence was excessive.
A panel of 3 judges denied Jacklin’s claims, stating:
“The circuit court did not err when it barred certain evidence at the defendant’s trial. Further, the evidence was sufficient to prove the defendant guilty beyond a reasonable doubt, and his 18-year sentence was not excessive.”
Circuit Judge Kathy Bradshaw-Elliott had granted the prosecution’s motion to disallow the report of a psychiatrist about Jacklin’s ability to understand his actions at the time of the assault. The prosecution argued the doctor’s report was irrelevant and speculative.
During pretrial matters, Jacklin’s counsel filed a motion that sought to admit evidence of the victim’s sexual history. According to records from Shapiro, the victim had a history of sexual aggression toward other people.
Bradshaw-Elliott denied the motion because it violated the state’s “rape shield” statute.
In sentencing Jacklin, Bradshaw-Elliott said that he “was in a position of trust and supervision and authority” and that deterrence was applicable “for any priest that thinks they are going to get by with it.”
Jacklin was formerly a priest at Sacred Heart Church in Goodrich and a longtime assistant at St. Rose of Lima Church in Kankakee. He was a contracted employee of Shapiro when the assault took place.
