Anyone arrested on suspicion of committing a crime has the right to pay a sum of money in exchange for release from custody, unless the judge decides custody is in the best interests of the community (suspected serial killers, for example). It's called posting bail and it happens all the time.
But a McHenry County judge would like to know (Daily Herald) how suspected marijuana grower Phillip Koeckritz, 35, was able to cough up $10,000 cash in three weeks. Judge Joseph Condon is particularly curious in light of comments Koeckritz made that he was too poor to afford a lawyer.
He's accused of running a multimillion-dollar operation of growing thousands of cannabis plants in rented homes throughout McHenry, Woodstock and Johnsburg, and faces six felony drug charges. Police value the illicit merchandise of Koeckritz and partner Ryamond Holland at roughly $5 million, but it's not clear whether that is a wholesale or retail estimate.
Regardless, judges want to know whether or not the $10,000 Koeckritz was able to scrape together from jail is legitimite cash or illicit proceeds from his alleged criminal enterprise. County prosecutors filed papers claiming the bail money is dirty, as Assistant McHenry County State's Attorney Kirk Chrzanowski explains in the article:
"[Koeckritz] asked for a special public defender because he couldn't afford a lawyer, then a few days later posts [$10,000] bail. If that's not reasonable cause [to question the source], I don't know what is."
But Koeckritz's Illinois criminal defense attorney, George Kililis, also has a valid point. He called the prosecution's claims "disengenuous" since, as he told reporters, they know that his client comes from a very wealthy family. Kililis detailed in a written response that $8,000 came from a loan from his father and $2,000 came from the sale of family jewelry.
Both sides will present their arguments in a Dec. 28 hearing to determine the legitimacy of his bail.
Koeckritz faces the following charges for running what is believed to be the largest-ever indoor pot facility in McHenry County: Unlawful production of cannabis plants, conspiracy, criminal damage to property and criminal fortification of a building.
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Posting Bail (FindLaw)
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Illinois Marijuana Laws (FindLaw)
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