Appellate court denies Richard Jacklin’s appeal for new trial

KANKAKEE — The Appellate Court of Illinois Third District affirmed the 18-year sentence imposed by a Kankakee County judge for convicted retired Catholic priest Richard Jacklin.

In a September 2022 jury trial, Jacklin was convicted of sexually assaulting a Shapiro Developmental Center resident in 2017.

The victim was in his early 40s at the time.

Circuit Judge Kathy Bradshaw-Elliott imposed the 18-year sentence, which the 72-year-old Jacklin must serve 85% of that sentence.

Jacklin was facing anywhere between six and 30 years.

On appeal, Jacklin argued that:

The circuit court erred when it barred the introduction of evidence regarding his ability to understand the nature of his actions at the time of the incident;

The circuit court erred when it barred evidence related to the victim’s ability to consent;

The prosecution failed to prove him guilty beyond a reasonable doubt;

His 18-year sentence was excessive.

The three judge panel’s order was filed Nov. 1.

On the panel were Justices Mary W. McDade, Joseph P. Hettel and Linda E. Davenport.

They denied Jacklin’s claims stating:

“The circuit court did not err when it barred certain evidence at the defendant’s trial for aggravated criminal sexual assault, criminal sexual assault and sexual misconduct. Further, the evidence was sufficient to prove the defendant guilty beyond a reasonable doubt, and his 18-year sentence was not excessive.”

Bradshaw Elliott ruled in favor of the prosecution’s motion to disallow the report of a psychiatrist about Jacklin’s ability to understand his actions at the time of the assault.

The prosecution argued the doctor’s report was irrelevant and speculative.

During pretrial matters, Jacklin’s counsel filed a motion that sought to admit evidence of the victim’s sexual history. According to records from Shapiro, the victim had a history of sexual aggression toward other people.

Bradshaw-Elliott ruled against the motion because it violated the state’s ‘rape shield’ statue, the appellate court’s ruling said.

Bradshaw-Elliott ruled against Jacklin’s motion for a new trial, thus leading to filing an appeal.

In sentencing Jacklin to 18 years, Bradshaw-Elliott said that Jacklin “was in a position of trust and supervision and authority” and that deterrence was applicable “for any priest that thinks they are gonna get by with it,” according to the appellate court’s ruling.

Jacklin was formerly a priest at Sacred Heart Catholic Church in Goodrich and a longtime assistant at St. Rose of Lima Catholic Church in Kankakee.

Jacklin was a contracted employee of Shapiro when the assault took place on Oct. 31, 2017.

Court records indicate the victim has an IQ of 47, has been a resident at Shapiro since 2010 and suffers from partial paralysis.

https://daily-journal.com/news/crime/appellate-court-denies-jacklins-appeal-for-new-trial/article_bf583da0-9e1b-11ef-b9d4-ab8c816f89b2.html