McLean County legal fees appealled to Illinois Supreme Court

Posted on July 13, 2015
The McLean County State's Attorney's office is appealing an appellate courts ruling over who is responsible for paying legal fees incurred during lawsuits filed by Alan Beaman, a man wrongfully convicted of murder in 1995. (Photo by Joe Ragusa/WJBC)
The McLean County State’s Attorney’s office is appealing an appellate courts ruling over who is responsible for paying legal fees incurred during lawsuits filed by Alan Beaman, a man wrongfully convicted of murder in 1995. (Photo by Joe Ragusa/WJBC)

By Joe Ragusa

BLOOMINGTON – The wrongful conviction of Alan Beaman on murder charges in 1995 is possibly heading back to the Illinois Supreme Court, but this time the case only includes McLean County and its insurance provider.

The State’s Attorney’s office has filed an appeal of the Fourth District Appellate Court’s ruling that said the county is responsible for legal fees it took on as a result of lawsuits filed by Beaman. Assistant State’s Attorney Don Knapp said the case revolves around the concept of “malicious prosecution.”

“One of the elements of ‘malicious prosecution’ is the proceedings are terminated in favor of the plaintiff. The proceedings against Beaman were not terminated until the (Illinois) Supreme Court reversed his conviction and it was decided not to charge him again,” Knapp said. “It was our belief that the tort of ‘malicious prosecution’ was complete within the policy period.”

Lawyers for the insurance company, States Self-Insurers Retention Group Inc., claim the actual ‘malicious prosecution’ occurred in 1995, well before the policy in question started in March 2008.

The decision to stop pursuing charges against Beaman came in 2008 after the Illinois Supreme Court overturned his conviction.

Knapp estimates the legal fees from lawsuits involving county officials at around $500,000.

Joe Ragusa can be reached at [email protected].

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