ELBURN – An Elburn man could be removed from the state's sex offender registry after the 2nd District Appellate reversed a judge's decision that Parkinson's medication couldn't have led the man to solicit sex from a teen girl.
Thomas Maurer, 66, who pleaded guilty in 2004 of indecent solicitation of a minor, was placed on probation and ordered to register as a sex offender. He was arrested after he solicited sex on the Internet from someone he thought was a teenage girl, but actually was an undercover St. Charles police officer.
Last year, Maurer and his attorneys asked Circuit Judge Grant Wegner for a new trial, claiming that medical studies since Maurer's guilty plea showed his medication for Parkinson's disease could cause a lack of impulse control leading to hypersexual behavior.
"This was an unknown side effect," Matt Haiduk, one of Maurer's defense attorneys, said Tuesday.
But Wegner disagreed, upheld Maurer's guilty plea and denied him a new trial.
Last week, the 2nd District Appellate court reversed Wegner's decision, sending the case back for a new trial in Kane County.
In its opinion, the court disagreed with Wegner's interpretation of case law used in the case.
At the time of Wegner's ruling in January 2008, Wegner also noted that he did not find the doctor who testified to the 2005 study regarding Maurer's medication and impulse control to be credible. He also mentioned time when Maurer was on the medication but didn't display a lack of impulse control.
Assistant State's Attorney Greg Sams, who prosecuted the case, said Tuesday that he thinks the higher court did not considering Wegner's entire ruling, specifically that their witness wasn't credible.
Matt Haiduk, one of Maurer's attorneys, said Tuesday he "couldn't be more happy for Mr. Maurer."
Although Maurer is no longer on probation, he still is on the registered sex offender list.
