Courageous Illinois Man Faces 75 Years In Prison For Recording Cops [mNlJYSIzjoU]

00:18 75 years behind bars. A prison sentence that long is rarely handed down, and it's usually just for murderers or rapists. But a local man faces 75 years in prison for non-violent crime. What he's accused of doing is something many people have done but most don't realize it's actually illegal. Let him go! What you're witnessing now against the law in some states This is also becoming illegal. As well as this... These infamous scenes are being banned in more and more states The police in these recordings are not necessarily the ones breaking the law, it's the people recording the police Recording audio of law enforcement without their consent Is considered a crime in a dozen states including Illinois It sounds like I'm plotting a movie to call what I did

01:13 A crime is ridiculous. Michael Allison publicly recorded law enforcement in Robinson, Illinois Now he's charged with five felonies with 15 years in prison for each count That's a total of 75 years if convicted. 75 years in prison and it's just so unbelievable. Allison could spend the rest of his life behind bars, the 42 year old is out on bail preparing to stand trial. The crime he's accused of? Eavesdropping! This doesn't make any sense For one thing, the statute as it's written can be interpreted any which way. Illinois is one of the states applying old eavesdropping and wiretapping statutes to new technologies like cell phones or anything else that records audio Those laws technically make it illegal to record on-duty law enforcement officials without their consent The penalty for that crime here in Illinois is the same as rape They're actually trying to say

02:16 that I have committed a crime and it's a class one felony. That is rape? Yeah, it's unbelievable It is extremely serious offense. Chape and Rose worked as a prosecutor in nearby Coles County a few years ago Rose saw the problems with Illinois' eavesdropping law as new recording technologies came along It dawned on me at the time that this was Now, Michael Allison is heading to trial for recording on-duty law enforcement officials in public. Similar cases across the country have ended with the charges being reduced or dropped

02:55 Allison is being prosecuted by Crawford County State's Attorney Tom Wiseman. Wiseman refused to talk to us about this case or the eavesdropping law. They're using it as written and applied, uh...as a shield law to protect public officials from any kind of public scrutiny. Is he a prosecutor? I like having that evidence. Former prosecutor Chapin Rose says recordings can prove or disprove accusations of wrongdoing to protect citizens as well as police officers There are some who just don't like the idea of having a deal with it, you know the first thing your taught in police academy is being in control of the situation

03:33 Rose has since become a state representative and has tried to legalize audio recordings. He introduced the bill to try to overturn Illinois' eavesdropping law, but the bill died in committee. The law is the law now and I didn't have any real support to change it. I just thought for the general safety of public police officer's safety it would be nice to have some bright line rules for when where recording Never got any support on it. The law is affecting Michael Allison because he recorded police when they'd stopped by his mother's house and repaired old cars I wanted to document my own words and any evidence of any kind of threats, harassment intimidation Officers said his unregistered cars violated a local ordinance They eventually fined Allison and confiscated his cars Allison went to the Robinson Police Department with his recorder in hand

04:27 He told Chief Bill Ackman, seen here in this file video that his officers selectively and illegally enforced the ordinance. Allison eventually filed a lawsuit Allison thinks that's why he was denied a court reporter during his ordinance hearing. So, Allison told the judge he would record the hearing himself for documentation. Police later confiscated Allison's recorder they also arrested him on five felony eavesdropping charges for everything he had recorded. The first time in my entire life I've never been arrested or accused of a crime or anything. Chief Ackman never returned our calls about arresting Allison on eavesdropping charges while we were recording video inside the courthouse for this report, a sheriff's deputy came out of a courtroom and asked us why we were recording. Does it matter?

05:18 My response you just heard in that off-camera conversation is the only audio we can play for you. Our lawyers advised us not to let you hear the deputy because we didn't have his consent to record him It's the same law that got Michael Allison arrested it's not just Allison a similar situation happened to another Illinois man This YouTube video shows Chicago police arresting Christopher Drew for selling art without a permit. but never had the consent of police to record their comments. Now, Drew is heading to trial for eavesdropping and could go to prison for what you just saw The Illinois Eavesdropping Statute actually protects police whether it's dash cam videos or even sting operations The state law allows police officers to record citizens without their consent If you turn on a recorder to record the exact same conversation

04:27 He told Chief Bill Ackman, seen here in this file video that his officers selectively and illegally enforced the ordinance. Allison eventually filed a lawsuit Allison thinks that's why he was denied a court reporter during his ordinance hearing. So, Allison told the judge he would record the hearing himself for documentation. Police later confiscated Allison's recorder they also arrested him on five felony eavesdropping charges for everything he had recorded. The first time in my entire life I've never been arrested or accused of a crime or anything. Chief Ackman never returned our calls about arresting Allison on eavesdropping charges while we were recording video inside the courthouse for this report, a sheriff's deputy came out of a courtroom and asked us why we were recording. Does it matter?

05:18 My response you just heard in that off-camera conversation is the only audio we can play for you. Our lawyers advised us not to let you hear the deputy because we didn't have his consent to record him It's the same law that got Michael Allison arrested it's not just Allison a similar situation happened to another Illinois man This YouTube video shows Chicago police arresting Christopher Drew for selling art without a permit. but never had the consent of police to record their comments. Now, Drew is heading to trial for eavesdropping and could go to prison for what you just saw The Illinois Eavesdropping Statute actually protects police whether it's dash cam videos or even sting operations The state law allows police officers to record citizens without their consent If you turn on a recorder to record the exact same conversation

06:18 that they are recording, you're considered a felon. And they're protected by the statute." All these police officers who were recorded tasing, punching or shoving unarmed citizens... none of them served any prison time The California police officer who shot this man in the back and killed him, he's serving two years in prison. But Michael Allison who recorded law enforcement officials in public without their consent he faces up to 75 years in prison by me going through it is going to help other people in Illinois and possibly other states across the country that are dealing with the same situation. By going as far as what it has, it may be an opportunity to defeat the statute if they were to find me guilty on all five counts for 75 years

07:13 I think that the headlines for that would be very telling. One headline for that verdict might read, go to prison if you record police without their consent. Michael Allison has a pre-trial hearing for the eavesdropping charges tomorrow morning. That's when his trial date is expected to be set. We have a follow-up tonight to our investigation of a local man facing prison time for an obscure law Michael Allison had a pretrial hearing today in Crawford County, Illinois Allison is charged with eavesdropping for recording law enforcement officials in Robinson

07:52 The case against Michael Allison is being delayed. A judge granted the prosecution's request for more time to prepare. They don't have a case, I don't think that the case they put together can even hold water. Allison faces five felony eavesdropping charges each count carries up to 15 years in prison if convicted There was nothing that i did it was illegal. Allison publicly recorded audio of law enforcement officials without their consent That's perfectly legal in most states, but it is actually a crime in Illinois based on an old eavesdropping statute. If their statute says that it was illegal then their statue is unconstitutional. Allison believes Illinois' eavesdropping statute violates seven amendments of the U.S. Constitution – free speech, unreasonable seizure, due process

08:42 speedy trial, unusual punishment guaranteed rights and equal protection. You've got to basically stare down the face of this big government that we have Crawford County State's Attorney Tom Wiseman still won't talk to us on camera but Wiseman is offering Allison a plea deal it would be probation for lower class felony with no prison time I refuse to make any deal I'm refused to plead guilty to anything Allison says he's also fighting the charges because his relatives served in the military and fought overseas to preserve our freedoms. I think that if we don't fight for our freedoms right here at home, we're all going to lose them. Allison would also lose his right to continue his lawsuit against the city if he took a plea deal. I don't see any choice but to fight through it

09:28 I won't give up. By not taking the probation plea deal, Allison risks being sent to prison but he thinks jurors will agree with him at trial If the jury sides with me then i will be successful in defeating this statute and all citizens especially an Illinois will benefit from this But Allison could lose and go to prison for up to 75 years if so he would appeal as much is Illinois law allows Allison will appear in court next month when his trial date will likely be scheduled. He's being represented for free by an attorney with the ACLU To watch last night's investigation on this case go to our website mywabashvalley.com

10:17 We begin tonight with an update to our investigation that's been watched more times than any other story on our website ever. It's a court case that could affect anyone who uses a cell phone or any recording device, it involves a local man who faces prison time for recording law enforcement in public the state of Illinois considers its so serious that the assistant attorney general appeared at today's court hearing Man facing 75 years for recording the police. Before another hearing at the Crawford County Courthouse, citizens protested the charges against Michael Allison If convicted, 75 years in prison is his possible sentence for recording on-duty law enforcement in public

11:01 Police in Robinson, Illinois confiscated Allison's recorder so we can't play it for you. But similar incidents have happened to other Americans. It is illegal right now what you are doing. They eventually got their recordings back and posted them on YouTube. You guys are publicly recording this. A dozen states are using eavesdropping and wiretapping laws to arrest people who record audio of law enforcement without their permission. I'm not shutting it off, officer. Well you're going to jail! That's for recording on-duty authorities in public or even on your own property This is my front yard and i am just recording what you're doing This woman was arrested and dragged out her front yard for recording police

11:45 One man was even arrested for recording officers inside his own home. It can even happen in your own car! This man and his girlfriend pulled over to record this fatal police shooting in South Florida As they drove away, the man recording police was ordered out of his car at gunpoint He says police smashed his cell phone but they didn't destroy the memory card so the video survived In all of these recording cases, the charges were eventually dropped. But not in the Robinson Illinois case. Why do you still want to prosecute this case? No comment thanks Other cases where the charges have been dropped why don't you drop these charges Crawford County State's Attorney Tom Wiseman is prosecuting Michael Allison

12:30 The Illinois Assistant Attorney General has joined the case. Eric Levin told the judge citizens don't have a constitutional right to record law enforcement. Do you really think people should go to prison for recording law enforcement in public? I would urge you call the Illinois Attorney General's office and the spokesperson will be glad... But, but you are the spokesperson here! Not that i'm not official spokesperson. You just spoke in court why can't you talk to us now? I can't make any comments here right now sorry But the Attorney General's office really thinks citizens should go to prison for recording law enforcement in public? These officials we interviewed are considered law enforcement. We were able to record them without their permission because journalists are exempt at public hearings, otherwise we would also be violating the Illinois eavesdropping statute

13:18 Journalists in other states have been arrested for recording law enforcement in public without their consent. Put it down, put it down! This reporter and photographer were arrested for recording police the charges in both cases were dropped Michael Allison's attorney told the judge their case should be dismissed instead of going to trial. They argue it is unconstitutional that law enforcement can record citizens in public or even in the courtroom, but not the other way around. There is nothing wrong with recording public officials in a public capacity I feel like if they are paid for by tax payers money then

13:58 We should have every right to hold them accountable. If this case does go to trial, it could affect anyone who uses a cell phone or any recording device and the judge is expected to rule in the next few weeks if this case will go to trial for our previous reports on this case Go to our website my Wabash Valley