A Lee County judge has filed a written statement explaining his July 7 decision to allow the pretrial release of a Dixon man accused of disseminating images and videos of child sexual abuse.
Heath A. Knipple, 46, was charged in Lee County on Wednesday, July 2, with six counts of Class X felony dissemination of images of child sex abuse, each listing the victim as younger than 13. He was arrested by the FBI that day while investigators searched his residence in Dixon, according to court documents.
After hearing arguments from Assistant Illinois Attorney General David Haslett and Knipple’s attorney, James Mertes, Judge Matthew T. Klahn allowed Knipple’s release under many conditions and said that because it was a “very close call” he would write a written statement to explain his ruling.
[ Lee County judge allows release of Dixon man charged with disseminating images of child sex abuse ]
Under Illinois law, all defendants are presumed eligible for pretrial release, and the state must prove otherwise through clear and convincing evidence, according to 725 ILCS 5/110-6.1.
That law states that to deny release, the state must show that “the proof is evident or the presumption great” that the defendant committed the offense and they pose “a real and present threat to the safety” of the community, which “no condition or combinations of conditions can mitigate,” Klahn wrote in his statement.
He cited Illinois case law, referencing the 2023 cases of People vs. Stock and People vs. Atterberry, which state that the alleged facts of the case can provide relevant proof in establishing that no conditions can mitigate the threat to the public by the defendant, but that “dangerousness alone does not automatically warrant pretrial detention.”
Instead, the court must also consider the defendant‘s background and characteristics, such as their criminal history and employment, among others, when determining if there is any combination of conditions that could mitigate the concerns to public safety, Klahn wrote, citing those two 2023 court cases.
Klahn’s statement then went over three Illinois cases involving child sex abuse images and sex abuse in which the court denied pretrial release to compare them to Knipple’s case.
In 2024, the case People vs. Currier, heard in McHenry County, involved defendant David Currier, who was charged with one Class X felony count of possessing images of child sex abuse and 21 Class 2 felony counts of possessing images of child sex abuse.
[ McHenry man charged with possessing 22 images of child sex abuse is detained in county jail pretrial ]
The presiding court denied pretrial release because of Currier’s sophisticated knowledge and use of computer systems and the identification of more than 81,000 files of suspected child sexual abuse materials, Klahn wrote.
In a 2025 case, People vs. Glass in McHenry County, the court denied release based on the use of sophisticated technology and a large number of images, similar to Currier, Klahn wrote.
[ Prosecutor: Wonder Lake man had ‘tens of thousands’ of child sex abuse images ]
Klahn also referenced another 2025 case, People vs. Popovich, heard in Livingston County, in which Eugene Popovich was denied release because he “allegedly had direct contact with child victims paying them for nude images, was actively communicating with and engaging the victims to act out his fantasies with children,” Klahn wrote.
“The court agrees with the rulings in all three cases. Yet, those three cases are distinguishable from the case at bar because there is no evidence that the defendant in this case possesses the knowledge, education, training and sophistication in technology and there is no corroborated evidence that the defendant has made a substantial step in committing a sexual act upon a minor beyond the charges in the information,” Klahn wrote.
In Knipple’s case, the state alleges fewer than 10 images and videos of child sexual abuse were accessed using an iPhone and not with any advanced technology, according to court documents.
According to the probable cause affidavit filed by the Illinois Attorney General’s Office, Knipple had registered two accounts on KIK, an online messenger platform, that were accessed using an iPhone 13 he had in his possession when he was arrested.
The day of Knipple’s arrest, during an interview with law enforcement, Knipple “admitted to disseminating child pornography on multiple group chats and during conversations in the KIK platform. The defendant estimates he shared less than 10 child pornography videos and images via KIK,” according to the IAG’s affidavit.
“The court’s decision on the issue of pretrial release is difficult and not made lightly,” Klahn wrote.
He added that he does believe the state meets two out of the three standards needed to deny release under Illinois law – “the proof is evident or the presumption great” that the defendant committed the offense and they pose “a real and present threat to the safety” of the community.
However, the court must also find that the state has proven that there is “no condition or combinations of conditions” that “can mitigate” the threat that the defendant poses, Klahn wrote.
“This is often difficult for the court because all defendant releases are a calculated risk regarding what could happen. The Illinois legislature uses the term ‘mitigate’ not ‘eliminate.’ In this case, unlike the three [cases] cited, mitigation is achievable,” Klahn wrote.
“The accusation against the defendant constitute some of the most horrific crimes that exist. The court, however, does not want to turn into what it despises, a court that interprets the law based upon how it wants the law to be rather than how it is written,” Klahn wrote. “Regardless of the nature of the offenses the defendant is accused of committing, the court cannot honestly hold that there is no condition or combination of conditions that mitigate the real and present threat to the safety of the community because there is a combination of conditions that can mitigate that concern.”
The conditions of Knipple’s release
Under the terms of his pretrial release, Knipple must
- Appear in court as ordered by the court, until discharged or the final order of the court.
- Submit to the orders and processes of the court.
- Report to Lee County Court Services, abide by any of its directives, including signing releases to obtain information and be subject to drug and alcohol testing.
- File a written notice with the Lee County Circuit Court Clerk within 24 hours after a change of address.
- Not leave the state of Illinois without permission from the court or, in an emergency, Lee County Probation.
- Refrain from possessing a firearm or other dangerous weapon.
- Not possess or indulge in alcohol, illicit drugs or cannabis.
- Not violate any criminal statute of any jurisdiction.
- Not possess or operate any electronic device that can connect to the internet outside of what is essential to his employment, including, but not limited to, smartphones, tablets, laptops, desktops and phones.
- Not use the internet outside of what is essential to his employment.
- Not use any social media platforms.
- Not initiate or continue to engage, if initiated by a minor, any contact with anyone younger than 18 years old.
- Not enter or remain on the property of any school, day care or facility that is primarily engaged in the care of children.
- Not attend or remain present for any event that is organized and operated for children’s participation or primary benefit, including, but not limited to, school-aged sporting events, concerts, band, theater or any event where children will be performing, playing and primarily congregating.
Knipple also will be GPS monitored to ensure compliance with those restrictions, and arrangements will be made to prohibit Knipple’s wife, who works for Lee County 911, from being able to access and modify the records of that GPS monitoring.
Also, any internet use in the defendant’s residence needs to be password protected by a password that is not provided or known by the defendant, and those living in the residence must sign an affidavit agreeing to this condition. Knipple’s wife and three adult children signed those affidavits July 7, according to copies obtained by Shaw Local.
Knipple’s next court appearance is a preliminary hearing at 8:30 a.m. July 23 with Lee County Judge Jacquelyn D. Ackert. A preliminary hearing is held to determine if there is enough evidence to prove whether a person committed an alleged offense and move toward trial.
Knipple, through Mertes, filed a demand for a speedy trial on July 3, according to court documents.