State can use video recordings as evidence in prostitution case, but only if the defendant lies on the stand

State can use video recordings as evidence in prostitution case, but only if the defendant lies on the stand

A judge is denying a motion to toss evidence against 54-year-old James Schaefer of Peru in his solicitation of a sex act case.

On Thursday, Judge H. Chris Ryan ruled that the state’s attorney’s office didn’t violate procedure when seeking to eavesdrop on suspects as part of prostitution sting back in April.

He noted however that under the law used to allow the eavesdropping, video and audio recordings can’t be used as evidence unless the defendant lies on the stand.

Judge Ryan also ruled against a defense argument that because procedure wasn’t followed, other evidence was tainted and shouldn’t be used. That means that the state will be able to call police involved in the investigation as witnesses.

Schaefer’s lawyers argued that the law used to justify the eavesdropping doesn’t allow it in prostitution cases. The state argued a clerical error said the wrong law and that the one it was actually following allows the eavesdropping.

Schaefer and several other men were charged in the prostitution sting. Schaefer is an Illinois Valley Community Hospital Administrator.