DeRyke Hearing Scheduled

The hearing on Justin DeRyke's appeal of his life sentence in the killing of his niece has been scheduled.

Judge Kimberly Koester has scheduled the hearing for 10am on Thursday, May 29.

DeRyke pleaded guilty to the murder of his niece, Willow Long of Watson, and was sentenced on March 18.  Effingham County Public Defender Scott Schmidt later filed a motion saying DeRyke's life sentence was unconstitutional.  The argument is based on the single subject rule of the Illinois Constitution.  If Judge Koester agrees with Schmidt's argument, DeRyke could choose to seek a new sentencing hearing or could withdraw his guilty plea and the case could go to trial.

If the judge finds that the guideline is constitutional, the life sentence would remain in effect.

The Illinois General Assembly passed a law concerning natural life imprisonment.  The Illinois Supreme Court ruled that specific law was unconstitutional.  The legislature then rewrote the law with the goal of making it comply with constitutional guidelines.  

The question Judge Koester has to decide is whether the General Assembly achieved that goal.

In the meantime, DeRyke remains in prison and the Watson community and the Effingham area is moving ahead with work on Willow Park in Watson to commemorate the young life of Willow Long.  A dedication is scheduled for Saturday, May 24.