Coles County Subject Will Not Be Re-Tried After Original Verdict is Set Aside

Coles County State’s Attorney Jesse Danley announced Friday that Ms. Carmen Petak, a day care provider convicted of aggravated battery of a child, will not be retried following the vacating and remand of her previous conviction by the Fifth District Appellate Court.

Danley said, "The decision comes after careful consideration of the prison time already served by Ms. Petak, the directive from the reviewing court, consultation with the victim’s mother, and the prosecutor’s complete confidence in the integrity of the original trial."

Ms. Petak, a former Illinois State Police trooper, was convicted following a seven-day trial during which a jury found her guilty of aggravated battery of a child that occurred at her in-home daycare on January 23, 2020. Ms. Petak was sentenced to 6 years in the Illinois Department of Corrections on September 23, 2022.

Danley said, "the procedural missteps stated by the reviewing court were unrelated to the merits of the evidence or the State’s presentation of that evidence. After careful consideration of many factors, I have determined that a retrial is not in the interest of justice. The original trial consisting of seven days of evidence including expert testimony from multiple medical professionals, police professionals, and the recorded confession of Ms. Petak, as well as Ms. Petak’s testimony at trial, provided a full and fair opportunity for the evidence to be presented and evaluated by a jury. We remain confident in the jury’s verdict but must respect the reviewing court’s decision. The decision not to pursue a retrial is a difficult one. It reflects my office’s commitment to judiciously allocate resources while ensuring that justice is served. Ms. Petak, if convicted on retrial cannot receive a sentence greater than previously given and all time served on the original conviction would be counted against a conviction on retrial."