Round Lake police arrest man for child abuse. Father threatened with losing son. Lewis Gainor wins case at jury trial. Download the court records

Lake County, Illinois criminal defense lawyer Lewis Gainor recently defended a man in a jury trial under the most unusual circumstances.

The story goes that the man was arrested for domestic battery on allegations of child abuse. The incident occurred on July 30, 2005 in Round Lake, Illinois. The man was outside working on his vehicle when his 8 year-old son came running outside the house. His son was chasing the neighbor’s 4 year-old daughter when he smacked her.

The man immediately confronted his son and told him that what he had done was wrong. He told him, “You don’t hit girls.” But his son did not respond appropriately to the scolding. Instead, his son back-talked at him.

As a result, the man took his son by the arm and marched him inside to go to his room. What the man did not know was that his neighbors across the street were watching, and they had an agenda.

The neighbor was a woman who was best friends with the man’s ex-wife. She had listened to his ex-wife say many horrible things about him behind his back. She saw the incident as an opportunity to get even on behalf on his ex-wife. She called the police.

The Round Lake Police Department responded to her 911 call and questioned her about what had happened. She told them the man had strangled the boy—that it was child abuse. The Round Lake police took the man into custody and transported him to the Lake County jail. He was held on bond until he was able to raise money to get out.

Lewis Gainor appeared with the man in court and pleaded not guilty to all the charges. On November 10, 2005, the case went to a jury trial. As expected, the neighbor testified to all the horrible things she had heard about the man from his ex-wife. Lake County criminal lawyer Lewis Gainor thoroughly cross-examined her, trying to show the jury she was biased. In his closing argument, he told the jury what they already knew: she was not a credible witness.

When the jury went to deliberate, Lewis Gainor learned of the most unusual circumstances in this case: his client had previously served as a juror in one of Lewis Gainor’s most serious criminal trials. That trial concerned a highway injury accident and driving under the influence charges. Lewis Gainor won that trial and his client was found not guilty. In this case, the man believed in Lewis Gainor’s ability because he had already seen him tested.

When the jury reached a verdict, the man stood up and the clerk read the verdict: We the jury find the defendant not guilty of all charges.

Lewis Gainor and Jill Gosch are partners in Gainor & Gosch, PC, serving Cook County (Rolling Meadows and Skokie) and Lake County (Waukegan) in felony and misdemeanor defense. We take cases involving criminal sexual abuse, aggravated domestic battery, aggravated assault, resisting a peace officer, criminal damage to property, unlawful possession of a controlled substance, criminal trespass to residence, telephone harassment, and burglary.