Judge rejects bond reduction, sets trial date in Illinois kidnapping case

JONESBORO, Ill. -- A Union County, Ill., circuit judge rejected a defense request to reduce the bond for a woman accused of kidnapping an infant and set the case for trial in November.

Karen Nichols, 44, of Anna, Ill., was in court Tuesday for a pretrial hearing on felony charges of aggravated kidnapping of a child younger than 13, armed robbery and aggravated unlawful restraint.

Her attorney, public defender Patrick Duffy, asked Circuit Judge Mark Boie to reduce her bond, which is set at $500,000.

Duffy said his client's only prior offense was a bad check.

"This, quite frankly, is an aberration from the behavior Ms. Nichols has had her entire life," Duffy said.

Nichols is accused of kidnapping a newborn at knife point in rural Union County on June 28.

Last month, Duffy filed a notice of intent to raise an affirmative defense.

An affirmative defense differs from a standard defense in that instead of saying, "I didn't do it," the defendant admits to unlawful behavior but presents information justifying or excusing that behavior, such as self-defense or insanity, said Bill Schroeder, a law professor at Southern Illinois University at Carbondale.

"You admit the underlying deed. You sort of affirm the state's case but say, 'I was justified because he was trying to kill me,' or 'I'm excused because I was nuts,'" Schroeder said.

In court Tuesday, Duffy said Nichols had been injured in a traffic accident, and at the time of the alleged kidnapping, she was taking medication for her injuries, which may have influenced her behavior.

Union County State's Attorney Tyler Edmonds said that shouldn't matter for purposes of setting bond.

If Nichols has some condition that causes her to behave violently, she "definitely" needs to be kept out of the community, Edmonds said.

"I don't think there are too many charges more heinous than taking someone's child at knife point," he said.

Boie sided with Edmonds.

"She is where she needs to be for the time being," he said in denying Duffy's request for bond reduction.

Boie set the case for a jury trial at 9 a.m. Nov. 12.

epriddy@semissourian.com

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Pertinent address:

Anna, IL

Jonesboro, IL