Jury needs 16 minutes to find Yohn guilty of contraband possession; he’s back in court Wednesday in sexual assault case

QUINCY — An Adams County jury took 16 minutes Tuesday morning to convict Bradley Yohn of one count of possessing contraband in a penal institution.

The jury believed Yohn, 36, hid two thumb drives on Nov. 15 in his cell, which was not permitted by the Adams County Jail. Judge Frank McCartney will sentence him at 1:30 p.m. June 7 in Adams County Circuit Court. Yohn faces between four and 15 years in the Illinois Department of Corrections after being convicted of a Class 1 felony.

When McCartney asked at the conclusion of Monday’s proceedings if Yohn planned to testify, he replied, “Darn right, I will.” However, when the seven-man, five-woman jury reconvened at 9:30 a.m. Tuesday, it learned Yohn, defending himself pro se, had changed his mind and would not testify. 

“I think (Yohn) choosing not to testify was the only smart decision he made in the course of the trial,” Assistant State’s Attorney Josh Jones said. “He did not have a good case and did not have good facts. Him trying to testify would have just opened him up to cross-examination. His prior criminal record would have been introduced, and it would not have gone well for him.

“Him not testifying was probably the only rational decision he’s made in the last six months.”

McCartney asked Yohn if he wanted to interview any other witnesses, and Yohn declined. Jones then started his closing argument and talked about spending time with his teenage daughters, only for Yohn to object.

“It has nothing to do with the case. It’s not relevant,” Yohn said.

“It’s an appropriate closing. It’s fine,” McCartney said.

Jones told the jury about a visit he made to Walgreens with his daughters, but he didn’t put his seatbelt on when he was driving.

“My 17-year-old daughter made the point, like she does every time she gets in the car with me, when I don’t put my seatbelt on,” Jones said. “’Dad, you have to put your seatbelt on. It’s the rules. It’s the law. You’re a prosecutor. You ought to know better.’ I love my 17-year-old daughter, but man, she is a pain. I put my seatbelt on. If I hadn’t, and I got pulled over, I would get a ticket. Right? It doesn’t matter who I am. It doesn’t matter what my job is. If I break the law, if I break the rules, I should get a ticket. 

“This is a case about following the rules. There are rules if you are in jail. One of the rules is what you’re allowed to have and what you’re not allowed to have. Prisoners aren’t going to have weapons in jail. Right? Prisoners aren’t allowed to have alcohol in jail. Right? Prisoners aren’t allowed to have contraband in jail. This case is about the defendant who had contraband in the Adams County Jail.”

When explaining circumstantial evidence to the jury, Jones again referred to his daughters. He explained a tradition of buying a bag of Oreos on a Friday night that they couldn’t open until Saturday night.

“One Saturday morning, I woke up a little late,” he said. “I saw my youngest daughter, who’s 5 at the time, with Oreo crumbs all over her face and Oreo cookie filling all over her hands. I didn’t see her eat the Oreos, but was there enough circumstantial evidence for me to figure out what had happened? Absolutely, there was. 

“The fact that the defendant hid those two thumb drives, that he secreted them in a bar of soap and his mattress, that he smuggled them in a bar of soap and his mattress, shows he knew he wasn’t supposed to have them.”

During his closing argument, Yohn commended Jones but told the jury he “would not take up your time with scenarios of children.”

He told the jury one of the thumb drives in his possession had been from him by an officer in the Adams County Jail. He referred to Illinois Supreme Court rule 415(c), which says, “Any materials furnished to an attorney … shall remain in his exclusive custody.”

Yohn also showed the jury two electronic devices he uses to call or text people, play games and listen to music in his cell, where he’s been incarcerated for the past 16½ months.

“I’m not going to treat you all as if you’re ignorant,” he said.

Yohn told the jury he unsuccessfully tried Monday to introduce other testimony (from jail investigator Kelsey Miller) that was objected by Jones and sustained by McCartney.

“It’s not permissible for me to speak on (that) evidence right now,” Yohn said. “But had you received that evidence, you would see the issues at hand are vindictive in nature, very vindictive in nature.”

When Yohn tried to speak about a third thumb drive found in another bar of soap in another prisoner’s cell, Jones continued to object. He said Yohn was discussing facts that were not introduced during the trial. 

Yohn, in turn, claimed a “Brady violation” had occurred. A “Brady violation” occurs when a prosecutor doesn’t provide a defendant or criminal defense attorneys with evidence that is favorable to a defendant’s case.

Yohn concluded by saying, “Have a nice day. Thank you.”

Jones finished by telling the jury, “If (testimony) didn’t come from there (pointing to the witness stand), it’s not relevant to your deliberation. It’s the witnesses, the evidence and the law the judge gives. If you focus on those things that you are legally required to do, this won’t take very long.”

The jury received the case at 10:08 a.m. McCartney said the jury reached a verdict at 10:24 a.m. When the clerk read the verdict, Yohn simply dropped his head.

“I think the jury saw this was simply a case about following the rules,” Jones said. “It was never about the defendant’s infantile fantasies about how this world has done him wrong.”

After the jury left, bailiff Kyle Ebers handcuffed Yohn, who complained to McCartney. The judge instructed Ebers to remove the handcuffs while they were in the courtroom. However, when McCartney dismissed everybody, Ebers again put handcuffs on Yohn, who complained again about evidence tampering, as well as abuse in the Adams County Jail.

“I’ve been beaten left and right,” Yohn said.

Jones and Yohn return to court again Wednesday afternoon for a motion hearing in a sexual assault case. Yohn is defending himself against charges of home invasion, aggravated kidnapping, aggravated vehicular hijacking and aggravated criminal sexual assault with a weapon. He allegedly committed the crimes on Nov. 9, 2021, at the home of Christina “Tina” Schmitt. 

Yohn said at a March 16 hearing that he filed 17 motions — most of which Judge Roger Thomson will hear Wednesday. 

One of Yohn’s motions was for a substitution of judge. Yohn wrote that Thomson “in his rulings and acts has demonstrated … bias, ill will and favoritism to the state.” 

However, Judge John Wooleyhan denied Yohn’s motion on March 22. He wrote, “The defendant has made no allegations that show prejudice by Judge Thomson towards the defendant. At best, the pending motion describes rulings by Judge Thomson with which the defendant does not agree. Even if the allegations … were found to be true, they would be insufficient to establish prejudice by Judge Thomson.”

Jones was asked after Tuesday’s trial if his outlook had changed on what could happen in the sexual assault case, set for a May 8 trial.

“That case is completely different,” Jones said. “Obviously, it’s more serious, but I will give (Yohn) full credit. He behaved himself through the entire court proceeding. He conducted himself relatively appropriately, moreso than frankly what I was expecting, moreso than he has (conducted himself) in other outside court hearings. I’ll give him full credit for that. He didn’t behave inappropriately or cause a scene until the very end.

“That’s kind of a low bar for us to set, but he certainly passed that low bar.”