After a more than two-hour hearing yesterday, McHenry County Circuit Court Judge Justin Hansen ruled that the indicted operators of a hemp processing plant in Lakemoor met the burden of proof to challenge a search warrant the premises.
Central to considerations Wednesday morning was a thirty-some minute body camera recording of a Lakemoor police officer named Sinnott.
It showed the processing operation’s manager providing the company’s Illinois Agriculture Department’s hemp license, plus independent laboratory reports stating that the active ingredient of cannabis was under the required potency.
The officers and Lakemoor Village Administrator Todd Weilhoten were then allowed to walk around the inside.
Containers of hemp pellets with the names of product type were seen stacked in various places.
The manger explained that analysis of the most recent batch had not come back yet, so he couldn’t be certain that it was at the required level.
Assistant State’s Attorney Bill Bruce argued in the warrant application, approved by Associate Judge Kevin Costello, that there was sufficient cause.
Bruce seized on the uncertainty of the active ingredient potency as a significant reason for seeking the search warrant in his arguments before Judge Hansen.
Defense Attorney Robert Hanlon claimed the police made false statements and withheld material information in applying for the search warrant.
A police raid occurred in late 2024.
After watching the video, first in a Freedom of Information format with blurred faces and documents being handed to the police officer, an original from the State’s Attorney’s Office, provided at Bruce’s request without objection by Hanlon, was viewed in full.
After some concluding arguments both sides, Judge Hansen ruled in favor of the defendants request to allow a full hearing on the legitimacy of the reasons for the search warrant.
The Judge gave detailed explanations about what he thought was significant and insignificant for the points made by both sides of the argument. (I got three pages of notes.)
He concluded that omissions of information about the operation to Judge Costello were significant.
They included failing to reveal that the parent company Milk and Honey Coop, 27,451 W. Route 176 in Wauconda had property licensure.
“[They] had licenses for processing and growing,” Judge Hansen noted.
He pointed out the police had a business card with the Wauconda information.
“I don’t think that kind of information can be overlooked by Franks [the controlling court case].”
He added that he thought the information should have been provided Judge Costello.
Judge Hansen also concluded that the Village of Lakemoor had no need to search the property
“I do think the petitioner has met the requirements for an evidenciary hearing,” Judge Hansen concluded.
He set such a hearing for October 15th and 16th.
Attorney Hanlon was asked for comment, and he stated: “First, Judge Hansen applied the law without prejudice or preference and was well prepared in the case and his ruling was just.”
Hanlon, however, had more to say about the prosecution ;
“This whole prosecution is just retaliation because Milk and Honey Coop LLC filed a federal lawsuit against police.”
He went on to say, “It’s past the point of being a malicious prosecution.
“A prosecutor should be trying to do justice, not subject innocent people to risk of prison.”
“By the way Cal, do you think for a minute that the testimony at the evidentiary hearing is going to be any different than that offered on the Body Cam Footage?
“Now Weihofen and Behan will have the opportunity to be exposed for what they are., there can be justice in this world.”
