Case load has stayed high for state's attorney

</element><element id="paragraph-1" type="body"><![CDATA[After a single term, David Nelson is handing over the reins of the State's Attorney's office to Mike Henshaw on Monday.

Nelson's tenure began in 2004 during the years that methamphetamine cases swelled the dockets and stretched the court system in Saline County close to the breaking point. The methamphetamine tidal wave is down to a trickle, but the State's Attorney' office is still a very busy place.

"I guess we've been busier than I anticipated before I got here," Nelson said.

It is hard to tell whether there fewer non-meth-related felony cases than before. There are fewer cases filed, but Nelson tends to file several charges in one case file rather than multiple cases against one defendant, Nelson said.

When he entered office in 2004, prosecution was one of few areas of the law in which Nelson had no experience.

"It has certainly given me a perspective that I didn't have before. I have never been an assistant state's attorney or had any prosecutorial experience," Nelson said.

Most of Nelson's legal career has been spent as a judge. He was a judge in Saline County from 1984 to 1999. He has practiced law since 1976. Some of his early career was spent working with justices on the Appellate Court like Dorothy Spomer, which he called an enjoyable experience.

"I had that perspective on the day-to-day practice in our trial courts," Nelson said.

Nelson has also had some experience as a defense attorney before and after his time on the bench.

Nelson remembered some police agencies were vocally opposed to him before he took office, but he believes that opinion changed after his first year in office. Sentences in plea agreements have seemingly been longer under Nelson.

Two murder cases were filed during Nelson's tenure. James Burns was charged with murdering Edwin Thomas Condon Jan. 4, 2005 after Condon's body was discovered Dec. 28, 2004, at his residence. Burns pleaded guilty and was sentenced to 45 years in prison in April 2006.

"Quite an interesting case and there was a lot of good police work done in that case," Nelson said.

The second murder case ended in acquittal.

Arnulfo Fonseca was charged with murder in connection with the death of Ashleigh Miller in May 2007. The high-profile case went to trial in April. A jury deliberated four hours before acquitting Fonseca.

Fonseca filed a civil lawsuit against Nelson, Saline County and several others shortly after his acquittal. The civil suit, which is still pending, was certainly one of the low points of his time in office, Nelson said.

"I could have done without being sued," Nelson said.

Nelson was surprised by the number of very serious sex crimes the office handled during his tenure.

"They have consumed what I would have thought was an inordinate amount of time before I came into office," Nelson said.

Sexual assault and molestation cases have risen in recent years, mostly due to more victims stepping forward and better police work, Nelson said. Nelson singled out Sgt. Brenda Burton of the Illinois State Police as an excellent investigator of child sex crimes. Burton is also retiring.

Nelson has noticed child sexual abuse can become a family cycle unless something happens to break it.

"It tends to be generational. Unless something happens to bring that kind of conduct to light, then it tends to happen through the generations," Nelson said.

Nelson made a few additions to the office staff without stretching the budget. Nelson's wife, Mona, was hired as a victims' advocate through money made available by the attorney general. The money comes from fees and fines assessed against offenders, Nelson said.

"That still is in effect and Mike Henshaw has told me he plans to continue that program," Nelson said.

Ken Clore, a former detective for the Illinois State Police, worked on a volunteer basis as an investigator before money to pay him was made available through money derived from drug cases. Many cases would not have been successful without Clore, Nelson said.

"It's hard to exaggerate the importance of having an investigator work inside the State's Attorney's office," Nelson said.

Clore was good at coordinating the work of all the different police agencies that handle cases in Saline County.

"We've had good cooperation from most of the police agencies we've worked with, particularly the Illinois State Police. Part of that is attributable to Ken," Nelson said.

Nelson also received invaluable help from Paul Myers, a veteran assistant state's attorney who is leaving the office for private practice after 17 years and seven months, he said. Myers always handled a large case load and played a large role when former State's Attorney Rod Wolf had health problems, Nelson said.

"He was quite capable of doing anything we had to do in this office," Nelson said.

Nelson plans to retire after Dec. 1. He will maintain his law license, but any practice will be highly selective.

"But old lawyers stick around forever," Nelson said.