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STATE OF ILLINOIS ) COUNTY OF COOK ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CRIMINAL DIVISION ‘THE PEOPLE OF THE ) STATE OF ILLINOIS ) ) Plaintiff ) ) sMcl- 7/0 7324 as ) ) MICHAEL D. CLIFTON, ) Defendant ) \ PEOPLE'S FACTUAL PR¢ wR29 208 IN SUPPORT OF SETTING BOND ops BRO oust i "the People of the State of Illinois, Plaintiff herein, through their attomey RLY M. FOXX, State's Attomey of Cook County, by her Assistant Kenneth W. Goff, and pursuant to section 5/110-5 of the Illinois Code of Criminal Procedure present their factual proffer in support of setting bond, 1 Introduction: Section 5/110-5 of Chapter 725 of the Illinois Compiled Statutes sets forth criteria relevant to determining the amount of bail and conditions of release, 725 ILCS 5/110-5. The information used by the Court in its findings with regard to setting the amount of bail may be presented by way of written proffer based upon reliable information offered by the State, 725 ILCS $/110-5, I. Defendant: Michael D. Clifton (“Defendant”) is 58 years old and resides in Lansing, Illinois. Defendant was employed as a police officer for the Chicago Police Department from June 16, 1986 until his resignation on May 15, 2017. Defendant has no publishable criminal background. Charges: Defendant is charged by complaint for preliminary examination with the felony offenses of Criminal Sexual Abuse, 720 ILCS 5/11-1.50(@)(1), a Class 4 felony, punishable by either probation or a sentence of not less than | but not more than 3 years imprisonment and Official Misconduct, 720 ILCS 5/33-3(a)(2), a Class 3 felony, which is punishable by either probation or a sentence of not less than 2 but not more than S years imprisonment, The Facts: The Cook County State’s Attomey’s Office and the Chicago Police Department Internal Affairs Division have investigated this case as part of their ongoing efforts to identify and prosecute law enforcement misconduct. As to this particular matter, the investigation revealed the following: On September 20, 2016, at approximately 9:10 am, the Victim, a 37 year old female, and her children’s father, entered the 5" District Chicago Police Station to obtain an arrest warrant for a woman who had allegedly battered Victim while she and her partner were at the Taste Nightclub. Defendant, who was in uniform, wearing a holstered duty weapon and serving as the Warrant Officer, became “flirtatious” after Victim indicated that she was bisexual and had a girlftiend, Defendant then asked Victim to enter his office alone, Defendant closed the office door and told Victim that she, “turned him on.” Defendant then grabbed Victim by the arm, pulled her out of her chair and pinned her against the wall with his body. He then began to grope Victim's pelvic area, over her clothing, and attempted to reach inside her pants while making sexual comments about her vagina. Defendant continued to hold his body against Victim as he kissed her neck. The assault continued until an officer knocked on the door at which time Defendant backed away from Victim and sat on the corner of his desk, ‘Victim, who was visibly shaken, left the 5" District accompanied by her children’s father, She made an immediate outery to him and he then drove Victim to the 7* District where she filed a complaint against Defendant. Both Victim and her children’s father identified Defendant in separate photo arrays. DNA swabs were taken of Victim's neck and were submitted, along with Defendant’s buccal swab, to the Illinois State Police Crime Lab for analysis, A report was issued by Bode Cellmark Forensics which indicated that the DNA profile obtained from Victim’s neck was consistent with a mixture of ‘three or more individuals with a major mixture component of two individuals including one male contributor, Defendant cannot be excluded as a possible contributor to the major mixture DNA profile. The estimate of the proportion of individuals in the general population that would be included as possil ture approximately 1 in 16 trillion in the US aie te a: si s »pulation. Bond Recommendation: Section 5/110-2 and Section 5/110-5 Fi 1 5/1 110-5 of the Illinois Code of Criminal Procedure set forth stimu i “etemniing ne amount of bail and conditions of release. 7 9 employment coral offense and the nature of the Defendant’s I ice officer at the time of the incident. The Court may also consider whether the Defendant will appear as required and whether the Defendant will pose a danger to the community, Based on the relevant factors, the People of the State of Illinois do not believe that a recognizance bond would be appropriate, The People ask that the Court set a secured bond in an amount sufficient to assure Defendant's appearance and deter him from additional criminal conduct while on pre-trial release. Respectfully submitted, KIMBERLY M. FOXX. STATE’S ATTORNEY OF COOK COUNTY BY: Kenneth W. Goff ‘Assistant State’s Attordey

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