Palm Springs Weekend (Without Troy Donahue)
The Illinois Administrator has filed a complaint allegedly misconduct by the Kendall County First Assistant State’sAttorney
On February 26, 2020, a Kendall County grand jury returned an indictment against Jose M. Aguirre (“Aguirre”), charging him with two felony counts of aggravated battery, alleging that he strangled his girlfriend (“J.N.”). The matter was docketed as The People of the State of Illinois v. Jose Aguirre, case number 2020CF48. As the victim, J.N. was a necessary witness in case number 2020CF48.
In a separate case, on February 26, 2021, a Kendall County grand jury returned an indictment against J.N., charging her with aggravated driving under the influence, a Class 4 felony, and driving while license revoked, a Class 4 felony. The matter was docketed as The People of the State of Illinois v. [J.N.], case number 2021CF10. A condition of J.N.’s bond was that she could not leave the State of Illinois. Ryan Phelps (“Phelps”), Kendall County Assistant State’s Attorney, was the prosecutor assigned to case number 2021CF10. Between February 26, 2021 and April 24, 2023, Respondent was Phelps’ supervisor.
J.N. was a witness in Aguirre’s bench trial, which resulted in a finding of guilt on a felony and misdemeanor charge.
Then
On or about March 31, 2022, Respondent began communicating with J.N. via LinkedIn, a business and employment focused social media platform.
On or about April 14, 2022, Respondent began a sexual relationship with J.N.
On May 13, 2022, approximately one month after Respondent began engaging in a sexual relationship with J.N., he appeared in court on behalf of the Kendall County State’s Attorney for the sentencing hearing in case number 2020CF48. On that date, Judge Pilmer sentenced Aguirre to 70 days of periodic imprisonment, probation for a period of 30 months, and ordered him to pay costs and fines in the amount of $1,993.
On or about December 4, 2022, Respondent purchased a plane ticket for J.N. so that she could accompany him to a legal conference that Respondent was attending in Palm Springs, California. J.N. subsequently flew to Palm Springs and spent the weekend with Respondent.
At the time J.N. accompanied Respondent to Palm Springs, a condition of her bond for case number 2021CF10 prohibited her from traveling out of state.
At no time did Respondent inform the court or the Kendall County State’s Attorney that he caused J.N. to leave the state in violation of the conditions of her bond in case number 2021CF10.
The sexual relationship between Respondent and J.N. ended in or around January 2023.
Respondent allegedly was present for a conference in J.N.’s case but did not disclose the relationship; he resigned on April 24, 2023.
Also alleged
Between April 14, 2022 and December 31, 2022, Respondent used a cellular telephone to record a still photograph of J.N.’ s naked body and still photographs of his penis on J.N.’s head, his penis in close proximity to J.N.’s head, and his penis in close proximity to her naked buttocks,all the while J.N. was asleep in her bed.
At the time Respondent took the still photographs, described…above, J.N. was asleep and unable to consent to being photographed by him.
Respondent committed the criminal act of unauthorized video recording, in violation of 720 ILCS 5/26-4(a-5) and 720 ILCS 5/26-4(a-10), when he took the still photographs, described…above.
The complaint further charges that the above conduct constituted a criminal battery. (Mike Frisch)