IL- Sex offender registry case sent back to Kane County

3-17-2009 Illinois:

ELBURN – An Elburn man could be removed from the state's sex offender registry after the 2nd District Appellate reversed a judge's decision that Parkinson's disease medication couldn't have led the man to solicit sex from a teenage girl.

Thomas Maurer, 66, who pleaded guilty in 2004 of indecent solicitation of a minor, was placed on probation and ordered to register as a sex offender. He was arrested after he solicited sex on the Internet from someone who he thought was a teenage girl, but who actually was an undercover St. Charles police officer.

Last year, Maurer and his attorneys asked Circuit Judge Grant Wegner for a new trial, claiming that medical studies since Maurer's guilty plea showed his medication for Parkinson's disease could cause a lack of impulse control, leading to hypersexual behavior.

"This was an unknown side effect," Matt Haiduk, one of Maurer's defense attorneys, said Tuesday.

But Wegner disagreed, upheld Maurer's guilty plea and denied him a new trial.

Last week, the 2nd District Appellate court reversed Wegner's decision, sending the case back for a new trial in Kane County.

In its opinion, the court disagreed with Wegner's interpretation of case law used in the case.

At the time of Wegner's ruling in January 2008, Wegner also noted that he did not find the doctor who testified to the 2005 study regarding Maurer's medication and impulse control to be credible. He also mentioned time when Maurer was on the medication but didn't display a lack of impulse control.

Assistant State's Attorney Greg Sams, who prosecuted the case, said Tuesday that he thinks the higher court made a bad decision in not considering Wegner's entire ruling, specifically that their witness wasn't credible.

Matt Haiduk, one of Maurer's attorneys, said Tuesday he "couldn't be more happy for Mr. Maurer."

"I've never dealt with anybody ... as deserving of getting a second chance," he said.

Haiduk added that Maurer's health is deteriorating, but his "spirits remain high."

Although Maurer no longer remains on probation, he still is a registered sex offender.

"Being a sex offender is a very embarrassing thing," Haiduk said. "And we don't believe Mr. Maurer belongs on that list."

Sams said the state has 30 days to decide whether they'll try to appeal to the Illinois Supreme Court. If not, the case will be assigned a new judge. Wegner no longer sits in Kane County. ..News Source.. by KATE THAYER