Eyler claims Henze ‘had not acted consistently in other cases,’ wants substitution of judge motion reconsidered

QUINCY — Six days after Circuit Judge Holly Henze struck down his motion for a substitution of judge in two cases, First Assistant State’s Attorney Todd Eyler filed a motion Tuesday morning with the Adams County Circuit Clerk’s Office for Henze to reconsider her order, saying she “had not acted consistently in other cases.”

Eyler filed his motion to replace Henze on Thursday, Oct. 3, after Matthew Steinkamp, who is facing two Class X drug felonies, was given pretrial release at an Oct. 2 status hearing. Steinkamp must continue wearing a GPS monitor and remain confined at his parents’ home in Quincy.

Eyler also filed a motion for substitution of judge in the Tynell Washington case. 

Washington is scheduled to be arraigned by Henze in Adams County Circuit Court on Wednesday, Oct. 16. He is one of four men arrested in connection to a Nov. 5, 2023, burglary along North Bottom Road.

Public Defender Kevin Bross, Washington’s attorney, filed a motion on Oct. 8 to strike Eyler’s motion. He argued that Washington’s case has never been set on a trial docket for Henze, saying Eyler’s motion is “premature and improperly filed for untimeliness.” 

Henze ruled on the same day of Bross’ motion, saying both cases were not set on a jury trial docket assigned to her. She agreed Eyler’s motion was not filed in a timely fashion.

Eyler called Henze’s order “one of the most efficient and expeditious judicial acts ever seen” in his latest motion.

(Of note: Bross only filed a motion in the Washington case, not the Steinkamp case. Henze’s ruling, however, addressed both cases.)

Eyler said in his Oct. 15 motion the Adams County State’s Attorney Office was not allowed to file a reply to Bross’ motion or make any argument in rebuttal. 

He also provided motions filed in Adams County Circuit Court by Public Defender Betsy Bier asking for a substitution of Henze as the judge on behalf:

• Joshua Shaffer (on June 12) — the case was given to Judge Tad Brenner on July 23.
• Michael Wright (on June 11) — the case was given to Brenner on July 10.
• Nathaniel Parker (on June 14) — the case was given to Brenner on July 17.

“Not only were the motions for substitution of judge granted, but more importantly, they were not stricken in the efficient and expeditious fashion as was done in this case,” Eyler wrote. “This is despite the fact that none of these cases were yet set for trial before this court, the very reason given in this court’s order denying and striking the motion for substitution.”

Eyler then said the Illinois Supreme Court has “vigorously upheld” the constitutional right to a trial before a fair and impartial judge. He quoted from the Illinois Supreme Court:

“To fully implement the automatic substitution of judge statue and thereby safeguard the basic right to a fair trial, this court has held in a long and unbroken line of cases that the provisions of the statute are to be contributed liberally ‘to promote rather than defeat’ substitution … It is clear this court has considered the automatic substitution of judge statute a legitimate means to ensure a fair trial.”

Eyler wrote that he “simply wants the law applied, and thus decisions by this court, rendered using the same legal analysis, regardless of who files the motion.”

In an email to Muddy River News, Eyler said he learned at an early age that decisions by judges have real-life consequences. 

“I understand nobody likes being questioned, I understand nobody likes being challenged, and I understand nobody likes being told that they did something wrong or improper,” he said. “The quality of true character is to admit when a mistake has been made and fix it.  Presumptively, judges are the best of the best in the legal field. Thus, there is nothing wrong with holding them accountable.  

“This is simple and all about equal application of the law.  Don’t apply the law differently depending on who is filing the motion.  Lady Justice is supposed to be blind.  When you have similar situations but a different application of the law, it looks like you are pulling the blind down from the eyes of Lady Justice and treating people differently.  That is not how this is supposed to work.”

Steinkamp was arrested during a Feb. 12 traffic stop and charged with one count of methamphetamine tracking for knowingly bringing from Missouri more than 400 grams but less than 900 grams of a substance containing methamphetamine, and one count of unlawful possession with intent to deliver methamphetamine of more than 500 grams but less than 900 grams.

Each count is a Class X felony. If found guilty by a jury, Steinkamp could be sentenced to between 24 and 100 years in the Illinois Department of Corrections on the methamphetamine tracking charge and between 12 and 50 years in prison on the unlawful possession charge. He also could be fined $600,000 in the tracking case and $300,000 in the possession case.

Steinkamp’s next appearance in court is listed as a status hearing before Henze on Oct. 23.

Washington has been charged in the North Bottom Road burglary with:

• Residential burglary, a Class 1 felony.
• Unlawful possession of a stolen weapon by a felon, a Class 2 felony.
• Unlawful possession of ammunition by a felon, a Class 2 felony. 
• Armed habitual criminal, a Class X felony.

Washington also faces charges for his involvement in another incident on Nov. 5. Eyler said in a Sept. 7 sentencing for Ashton Summers that when Quincy Police Department officers responded to 10^th and Hampshire for a report of shots fired, a car with numerous people was seen at the site that was similar to a car seen in a video of the burglary at the North Bottom Road home. Several firearms taken during the burglary were found in a ditch. 

Washington also is charged with:

• Armed habitual criminal, a Class X felony.
• Robbery with a firearm, a Class X felony.
• Felon in possession of a firearm, a Class 2 felony.