Yohn tries to show 911 call never was made, then introduces evidence himself showing it was

QUINCY — Bradley Yohn spent several minutes during his defense in his criminal sexual assault trial on Friday attempting to show proof that Tim Schmitt did not make a 911 call on Nov. 9, 2021 — the night his wife was allegedly assaulted by Yohn and an accomplice.

Later in the day, however, Yohn introduced evidence that proved Schmitt made a 911 call. Assistant State’s Attorney Josh Jones was quick to pounce on the mistake.

Friday was the fifth day of Yohn’s trial before a 10-man, two-woman jury in Adams County Circuit Court. Yohn, 36, is charged with home invasion with a dangerous weapon, home invasion predicated on criminal sexual assault, aggravated vehicular hijacking, aggravated criminal sexual assault with a weapon and residential burglary. He allegedly committed the crimes on Nov. 9, 2021, at the home of Christine “Tina” Lohman Schmitt. She died 33 days later on Dec. 12, 2021.

Yohn is defending himself pro se with Public Defender Todd Nelson serving as standby counsel.

Schmitt, who testified for nearly two hours on Tuesday, was on the witness stand again for nearly two hours on Friday. Yohn asked about the 911 call, which Schmitt said he made from his garage. Yohn asked if Schmitt had received a subpoena from him for phone records for November 2021, and Schmitt agreed he had. However, he said he had not reviewed them.

Yohn then asked to introduce the phone records. Jones objected on the grounds of hearsay and lack of foundation, and Thomson sustained the objection. 

(NOTE: According to the Legal Seagull, a lack of foundation objection occurs when an attorney attempts to enter evidence, such as witness testimony or a document, at a trial without demonstrating an adequate factual or legal basis for allowing it into evidence. The Legal Seagull said it happens often when someone defends themselves pro se.)

“Do you recall what time you made a 911 call?” Yohn asked.

“It was a little after 6 o’clock, right after I went home,” Schmitt said.

“If I said that there …” Yohn started to say, but Jones objected.

“I know what he’s going to ask next, your honor,” Jones said. “And if he’s going to it’s going to be an objectionable question that the jury is not allowed to hear. If we need to discuss it outside the presence of the jury, we should do that.”

After removing the jury from the room, Jones explained his objection.

“I believe the defendant is going to ask, ‘If I told you that the phone records don’t show a 911 phone call at 6:09 p.m., or something to that effect,’” Jones said. “The court has already heard that 911 calls are not recorded on phone records. Those phone records are inadmissible. It’s inadmissible for the defendant to ask this witness a question about inadmissible evidence.

“This witness has testified he has not reviewed those records. He doesn’t have a basis to testify as to whether or not a phone call is on those records or not, because he didn’t review them.”

Yohn said his basis was that no 911 call or non-emergency call was on the phone records here he subpoenaed from Schmitt.

“The jury shall see that because these records are accurate, certified and true,” he said. “There is no call at 6:09 p.m. In fact, there’s calls for restaurants and the likes instead of hospitals and emergency services — the natural places you would call when something like this happens. I believe it’s very, very relevant.”

Thomson said Yohn needed to lay the proper foundation to introduce an exhibit if there is an objection. Yohn then asked proffer the documents so the appellate court could review them in the future. Jones wanted the record to be clear that he wasn’t provided with notice of intent to use the phone records with a business records affidavit. Yohn admitted he didn’t.

Yohn, though, kept referring to the phone records when the jury returned. 

“Mr. Schmitt, just to refresh your memory, you stated you were subpoenaed for phone records, correct?” he asked. 

Jones objected. “We just dealt with this,” he said.

“I’m just letting the witness know where we’re at, your honor,” Yohn explained.

“He knows. Next question, sir,” Thomson said.

“And you did provide those records?” Yohn said, eliciting another objection from Jones. 

“Asked and answered, and we’ve gone down this path,” he said.

“Are you aware that there was no …” Yohn said. Jones delivered a heated and frustrated “objection.”

“I will sustain the objection,” Thomson said.

“ … there was no 911 call,” Yohn said. This time, Jones raised his voice even louder and yelled his objection. Thomson sent the jury back out of the courtroom again. 

Thomson then scolded Yohn.

“The jury is not to hear about those records,” he said. “We need to move on to the next topic, rather than trying to get around my ruling with continued and repeated questions regarding those records. They are not admissible into evidence.”

“I didn’t even get to fully ask that question,” Yohn said.

Yohn asked his question in a different manner.

“Mr. Schmitt, on Nov. 9, 2021, did you report an emergency?” he said.

“I called 911,” Schmitt replied.

“Is it possible that call was made after 6:30 p.m.?” Yohn asked. 

“I don’t think so,” Schmitt said. “I would say I called 911 right after I came home,” Schmitt said.

“Is it possible that there was not even a call made this night?” Yohn asked.

“I called 911 when I came home, and a lady answered the phone,” Schmitt said.

During the afternoon session, Yohn interviewed Sgt. Jake McMahon with the Adams County Sheriff’s Department. He was asking requests for alerts made for a stolen car and two fugitives on the night of Nov. 9, 2021, with the Illinois State Police Emergency Radio Network (ISPERN).

Yohn asked McMahon if he had reviewed the 911 CFS report. (NOTE: A Calls For Service system is an after-the-fact tracking system that records specific information about calls and responding field units.) McMahon said he had.

Yohn then asked to submit the report as a defense exhibit. He asked McMahon about notes made by dispatchers on the ISPERN alert and why only one ISPERN alert was listed on the 911 report when McMahon had claimed two.

However, the 911 CFS report shows the time of the 911 call made that night, the address the call was made from and the name of the complainant, Tim Schmitt. When Yohn asked if the report could be published for the jury to see, Thomson asked if Jones objected. 

Jones grinned and said, “OK.”

Yohn then read many of the notes on the 911 CFS report.

“It states, ‘A male came and attacked his wife and broke into the house and stole the car,’” Yohn said to McMahon.

When Yohn concluded his line of questioning, Jones read through the 911 CFS report with McMahon.

“It says Quincy Adams County 911 call for service report, doesn’t it?” Jones said. After McMahon said yes, Jones said, “That means there was a 911 call, doesn’t it?” McMahon agreed.

“According to the 911 report, there was a 911 call on Nov. 9, 2021, at 6:09 p.m. and 15 seconds. Is that correct?”

McMahon simply said yes.