Judge to issue written decision on motion for new trial for Yohn; hearing for reconsidering sentence set for March 28

QUINCY — Circuit Judge Roger Thomson on Friday morning allowed defense attorney Mark Wykoff to file an amended motion for a new trial for Bradley Yohn, who was remarkably silent during his appearance in Adams County Circuit Court.

Thomson also allowed Wykoff to file an amended motion to reconsider the sentence given to Yohn in September 2023. Wykoff’s motion must be filed by Feb. 7, and a response from Adams County Assistant State’s Attorney Laura Keck is due March 7. Thomson scheduled a hearing on that motion for March 28.

Thomson called Yohn “the most reprehensible person ever before me” during his career in law before sentencing him more than 15 months ago to the Illinois Department of Corrections. A 10-man, two-woman jury determined on July 17, 2023, that Yohn was guilty of the crimes he committed on Nov. 9, 2021, at the home of Christine “Tina” Lohman Schmitt. She died 33 days after the attack on Dec. 12, 2021.

Thomson gave Yohn 30-year sentences for home invasion, aggravated kidnapping and aggravated vehicular hijacking. He gave Yohn 40 years for aggravated criminal sexual assault with a weapon for a total of 130 years. Yohn is serving each sentence consecutively at the Lawrence Correctional Center in Sumner.

Wykoff, who also represents former Sangamon County Deputy Sean Grayson in the first-degree murder case involving the July 6 fatal shooting of Sonya Massey, claimed ineffective assistance of counsel in his motion filed Aug. 9 for a new trial.

Yohn defended himself pro se during his trial, but Chief Public Defender Todd Nelson represented him during his sentencing. Thomson allowed Nelson to serve as “standby counsel” during the trial.

“(Nelson) was physically present for a substantial period of the pretrial proceedings … and the entirety of (Yohn’s) jury trial,” Wykoff wrote in his Aug. 9 motion. “While (Yohn) was a pro se litigant during these phases, it should have been abundantly clear to counsel that (Yohn) was passionate about raising perceived error, making objections thereto, often seeking reconsideration of adverse rulings, making it clear that he would be seeking review of the denial of trial-court relief on appeal. 

“In that post-trial, (Nelson) then failed to reduce those preserved errors to a post-trial motion, now subjecting those preserved errors to the near-impossible-to-overcome standard of review of plain error (and) deprived (Yohn) of the effective assistance of counsel during the post-trial phase of the proceedings. After all, the right to counsel entails more than mere representation by an attorney. It includes the right to effective assistance of counsel.”

Wykoff also asked for a 72-page response filed in Adams County by Yohn on Dec. 9 to be added to his amended motion for a new trial. Thomson granted that request.

Keck wrote her in Oct. 23 response to Wykoff’s amended motion that “(Thomson) did not err in entering the orders and denying the motions” and that Yohn should not receive a new trial. She disagreed with multiple allegations made by Wykoff, including prosecutorial misconduct in referring to the death of Schmitt, errors in jury instructions, not giving Yohn the proper number of peremptory challenges he was entitled to in jury selection, not granting a change of venue for the trial or errors in allowing extended media coverage over Yohn’s objection. 

“Even if any one or more of the (Thomson’s) rulings were error, (he) should deny (Yohn’s) motion for a new trial since the evidence in this case was so overwhelming and would not have changed the jury’s verdict in this case,” Keck wrote.

Thomson told the attorneys he was taking the matter “under advisement” and will render a written decision on the request for a new trial “shortly.”

At the beginning of Friday’s hearing, Wykoff asked Thomson if he was making a finding that Nelson was ineffective for the “method and manner” in which he handled post-trial proceedings.

“I had previously appointed you as counsel for Mr. Yohn due to Mr. Nelson’s departure from the public defender’s office,” Thomson replied. “While I am not in agreement with all of the allegations contained in the motion, I am finding that you are granted leave to file an amended motion for new trial due to Mr. Nelson’s unavailability to act as counsel as previously appointed for Mr. Yohn.”

When he previously defended himself in Adams County Circuit Court, Yohn often had vocal outbursts during hearings and was removed by bailiffs from the courtroom on occasion. However, he did not speak during Friday’s 14-minute hearing except to whisper a few words to Wykoff.

Once Thomson left the courtroom, however, Yohn did speak with members of the media, as well as his cousin, Travis Bloom, and his father, Bradley Yohn Sr., before jail personnel and officers from the Lawrence Correctional Center escorted him out.