The Illinois Supreme Court has rejected an emergency appeal to move up a pre-trial release hearing for a former police officer accused of murder.
Ex-cop Sean D. Grayson was charged with first-degree murder for the July killing of Sonya Massey during a 911 call.
Grayson has a hearing set for January 2 with the Circuit Court to go over the conditions of his release.
The Office of the State Appellate Defender filed an emergency motion last week to release him sooner.
However, the motion was denied by the stateโs top court.
On November 27, the Illinois Appellate Court found that Graysonโs pre-trial detention was not warranted.
The appeals court ordered the Circuit Court to set conditions for his release.
The appellate court said it was unconvinced that Grayson poses a danger to the community.
The court noted he was fired from his job as an officer.
โThe trial courtโs focus on defendantโs failings as a law enforcement officer, while understandable, distracted from the central question of how to address any risk he posed after being stripped of his office,โ the court ruled.
Graysonโs pre-trial release hearing was scheduled for last week.
However, prosecutors then submitted a Petition for Leave to Appeal (PLA) asking the Illinois Supreme Court to review the appellate courtโs ruling.
The hearing was pushed back to January 2, pending the appeal.
Graysonโs emergency motion argued he should not be kept in jail during the stateโs appeal.
Nevertheless, the top court denied the request.
According to Sangamon County Stateโs Attorney John Milhiser, Grayson has demonstrated that he โcannot comply with conditions and is a danger to the community.โ
However, itโs not clear how Grayson remains a threat to anyone.
The former Sangamon County Sheriffโs deputy responded to a 911 call on July 6 from Sonya Massey.
Massey reported fears of an intruder.
When Grayson attended the call, he shot and killed Massey after she said, โI rebuke you in the name of Jesusโ while handling a pot of boiling water.
Masseyโs family condemned Graysonโs pending release at a press conference last week as he filed his emergency motion.
โThis man is still a threat to everybody in Springfield,โ Masseyโs father said.
โSomehow it needs to make sense.
โWe all saw the film,โ he added, referring to the police bodycam footage.
โWe saw what occurred.โ
Prosecutors have argued Graysonโs release would risk triggering โsocietal upheaval.โ
Graysonโs lawyers blasted the call as an appeal to the mob to trigger unrest.
โThe State offers no support for its insinuation that public opinion, not statutes, rules, and case law, should govern this Courtโs actions,โ the court said.
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