Illinois mom wants change to state law after man accused of concealing daughter's body was released
An Antioch, Illinois mom is pushing for changes to the state's SAFE-T Act that instituted bail reform, after the death of her daughter.
The SAFE-T Act eliminated cash bail in Illinois and established a specific list of charges on which criminal defendants could be detained before trial.
Jennifer Bos' effort to change the act is already gaining momentum.
Jose Luis Mendoza-Gonzalez of Waukegan, Illinois, faces several charges for allegedly hiding the body of Jennifer Bos' daughter, Megan, after Megan Bos disappeared in February. Mendoza-Gonzales is specifically charged with two counts of concealment of a death, abuse of a corpse, and obstructing justice.
Under the SAFE-T Act, none of those charges rose to the level of severity to warrant detainment in Illinois, though Mendoza-Gonzalez has since been picked up by U.S. Immigration and Customs Enforcement.
Megan Bos' funeral was held this past spring. But Jennifer Bos said her daughter's story is not finished yet.
"This is how you make a difference a little bit at a time," said Jennifer Bos. "You just keep pushing, you keep using your voice, talking to anybody who will listen."
Jennifer Bos is pushing for changes after Mendoza-Gonzalez — who stands accused of hiding Megan Bos' body in a trash can with bleach in a Waukegan backyard for nearly two months — was not eligible for pre-trial detention despite the imposition of Class 4 felony charges.
Authorities said Mendoza-Gonzalez told investigators that Megan Bos had overdosed while he was out of the room. Jennfier Bos acknowledged that her daughter had a history of drug use and rehabilitation, and had relapsed in the weeks before her death.
The Lake County coroner's office ruled the cause of Megan Bos' death was "undetermined."
Jennifer Bos says she wants Mendoza-Gonzalez detained so he "can't have the comforts of home." Jennifer Bos believes someone should be detained until trial if charged with a felony offense. There was also a worry he's a flight risk because of his immigration status.
"If you suspect this person could have killed somebody, would you not want to err on the side of caution and hold him until you could say otherwise?" said Jennifer Bos. "I mean, he was released in less than 24 hours. They hadn't even had a chance to investigate anything."
It was a message that Jennifer Bos took all the way to White House, catching the ear of President Trump. Three days later, Mendoza-Gonzalez was detained, this time by ICE, as he is a Mexican national who's in the country illegal and whom ICE said is eligible for deportation based on the charges.
. The Lake County state's***is the name of the office?*** attorney, the Bos family and The Lake County, Illinois coroner's office all have refuted that assertion. The coroner's office reiterated this week that Megan was not decapitated at any point before and after her death — and while her body was in a state of decomposition and had been exposed to chemicals, there were no signs of trauma or struggle.
As a result, judicial personnel faced "significant threats and harassment" which the 19th Judicial Circuit Court in Lake County blamed on ICE
Jennifer Bos said ICE's involvement in the case along with the knowledge that Mendoza-Gonzalez is able to "walk free" is a distraction that is bringing additional frustration and strife to her family.
ICE says the judge is responsible for the release of Mendoza-Gonzalez.
However, Jennifer Bos says she does not blame the judge — she says the SAFE-T Act is to blame, as it provides a narrow list of offenses under which a defendant is eligible for detainment before trial.
"Her hands were tied," she said of the Lake County judge who presided over Mendoza-Gonzalez's detention hearing. "People think that they can still use their own discretion to decide and kind of override those rules, but they can't."
The chief judge in Lake County and CBS News Chicago Legal Analyst Irv Miller also said ICE was incorrect about the discretion the judge had on whether to detain or release Mendoza-Gonzalez in this case.
Jennifer Bos wants Illinois judges to have more discretion in determining whether or not a defendant should be detained before trial. She also has the support of some Illinois state lawmakers.
"You know, we need to give judges that discretion," said Illinois state Rep. Tom Weber (R-Fox Lake), "because you know it, I think in anyone's mind, if you're looking at who is a flight risk a citizen of a foreign country."
Weber said he is working with Jennifer Bos to repeal or amend the SAFE-T Act, which eliminated cash bail in Illinois and established a specific list of charges on which criminal defendants could be detained before trial.
Jennifer Bos said she is trying to prevent other crime victims' families the kind of blindsided surprise her family endured when they learned that Mendoza-Gonzalez had been released.
