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High court hears arguments in former Pekin mayor's case

Posted January 16, 2008 10:00 pm

Adriana Colindres

Former Pekin Mayor Lyn Howard's attorney asked the Illinois Supreme Court Wednesday to throw out Howard's conviction on official misconduct charges stemming from his use of a city-issued credit card to get money for gambling.

The court, following its usual custom, did not say when it would rule in the case. Typically, the court issues a decision several months after hearing oral arguments.

Pekin attorney Gerald Hall, who represents Howard, said the main issue is whether the Illinois Constitution may be used as the basis for convicting someone of official misconduct.

It shouldn't be, Hall contended, citing a 2006 Illinois Supreme Court decision in another case dealing with official misconduct. The case is People v. Grever.

In a legal brief, Hall said the Grever case supports Howard's position that he would have had to violate "some identifiable statute, rule, regulation or tenet of a professional rule - but not a provision of the Illinois Constitution" to commit official misconduct.

Illinois' official misconduct statute is vague and perhaps should be eliminated, Hall added when he argued in front of the court Wednesday.

Hall acknowledged that his client had used the credit card to obtain cash advances totaling about $1,400 so he could continue playing video poker on the Par-A-Dice Casino in East Peoria.

"He always paid it back, though, when the bill came due," he said.

Chief Justice Robert Thomas responded: "So he's got that going for him."

Assistant Attorney General Eric Truett, who asked the Supreme Court to uphold Howard's conviction and sentence, said the fact that Howard repaid the money doesn't negate his offense.

When Tazewell County State's Attorney Stewart Umholtz prosecuted Howard at trial, he cited the Illinois Constitution, saying he believes that it clearly limits public officials' legal authority. Howard overstepped that authority by using the city credit card for personal benefit, Umholtz said at the time.

Truett made the same argument Wednesday as Umholtz sat nearby, watching the proceedings.

But Hall said that because Howard applied for the credit card and paid its bills, "it's certainly questionable whether it was even a city credit card."

Howard did not attend the oral arguments. Forced to resign after his 2005 conviction, he was sentenced to 30 months' probation, 100 hours of community service and Gamblers Anonymous meetings. His probation is scheduled to end in about three months, Hall said.

Howard now works at Cook Auto Sales in Pekin.

Adriana Colindres can be reached at (217) 782-6292.

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