Friday, May 20, 2005 10:51 PM CDT
Kilday remains free on probation
By DAVE FOPAY, Staff Writer
CHARLESTON -- Edward H. Kilday wasn't really doing anything he wasn't supposed to do when he used a library computer for job reasons, though that was a "technical" violation of his probation sentence.
That's what Circuit Judge Gary Jacobs concluded Friday when he decided to not revoke the probation sentence the former Mattoon High School assistant principal received for a child pornography conviction.
A term of Kilday's probation is that he not use the Internet unsupervised, but Jacobs noted that another requirement of the sentence is that be be employed while on probation.
"I don't think his probation order is supposed to prevent him from following his probation order," the judge said, adding that a library could be considered a supervised setting.
"It's not like he's in someone's house," Jacobs said.
A petition to revoke Kilday's probation had been filed after an Illinois State Police officer found him using the Internet on a computer at the public library in LaSalle, where he now lives, on Dec. 27. Had Jacobs granted the petition, Kilday would have been resentenced and could have received any possible sentence for his conviction, including a two-to five-year prison term.
In October, Jacobs sentenced Kilday to 2½ years of probation, the maximum term possible, for the child pornography charge to which he had pleaded guilty three months before.
Kilday admitted that he had pornography on his school computer where students could see it. He also pleaded guilty to misdemeanor charges of public indecency, alleging he fondled himself through his clothing in front of students, but Jacobs ordered only a record of a conviction for those offenses.
At a trial in July, Jacobs acquitted him of a charge of criminal sexual assault that accused him of performing oral sex on a male student at the school, and that offense would have required a prison sentence.
On Friday, Assistant State's Attorney Duane Deters argued that the only issue for Jacobs to consider was whether Kilday's computer use, which he didn't deny, constituted unsupervised Internet use. He said it was irrelevant that Kilday wasn't looking at Internet pornography.
"There have been things shown on the outside to try to maybe excuse his conduct," Deters said. "It's difficult for me to believe that this person has any question what it means to be unsupervised."
Jacobs, however, agreed with defense attorney Ron Tulin, who noted that Kilday had to sign in with a librarian to use the computer. All of the computer use was job-related, he added.
"It's maybe a technical violation," Tulin said. "It's certainly not a violation of the spirit of his probation."
Jacobs did restrict Kilday to future Internet use, for job searches only, in his LaSalle County probation officer's office so "there won't be this problem in the future."
At a hearing in February, Jacobs ordered Kilday jailed for 15 days for failing to take a lie-detector test that was supposed to monitor his counseling, as well as for the possible violation with the computer. Originally, the jail time was stayed, meaning it wasn't to be imposed if Kilday followed requirements.
On Friday, Kilday said he's now trying to follow all his probation requirements, including having taken the lie detector and attending counseling.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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Congrats! wrote on Apr 10, 2007 9:35 AM: