People v. Silver

              Nos. 2--06--1022 & 2--06--1080 cons. Filed: 10-2-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Lake County.
)
Plaintiff-Appellee, ))
v. ) No. 03--CF--2860
)
PAUL SILVER, ) Honorable
) James K. Booras,
Defendant-Appellant. ) Judge, Presiding.
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PRESIDING JUSTICE GROMETER delivered the opinion of the court:
Paul Silver appeals the denial of his motion to dismiss indictments charging him with
possession of child pornography (720 ILCS 5/11--20.1(a)(6) (West 2002)). He argues that he was
denied his constitutional right to a speedy trial (U.S. Const., amends. VI, XIV; Ill. Const. 1970, art.
I, §8) when there was a delay of nearly three years between the indictments and his arrest, he was
unaware of the indictments, and law enforcement knew of his location during that time but made no
effort to arrest him. We agree that under the circumstances of his case, Silver was denied his right
to a speedy trial. Accordingly, we reverse.
I. BACKGROUND
In May 2003, Silver's employment in Illinois was terminated after his employer found
pornographic material on his work computer. Shortly after, Silver moved to California. On August
6, 2003, Silver was charged by grand jury indictment with six counts of possession of child