Defense lawyer in Will County obscenity case against GOP operative claims AG’s office can’t prosecute

A defense attorney contends Illinois Attorney General Kwame Raoul’s Office has no authority to prosecute a Republican political consultant accused of sending obscene messages to a Democratic state lawmaker.

In a Feb. 19 motion, Douglas DeBoer, attorney for Timothy Pawula, 32, of Chicago, argued state law only allows Raoul’s office to assist Will County State’s Attorney James Glasgow’s Office with the prosecution of the case against his client.

“The [attorney general] has no authority to independently initiate any criminal charges that appear to be involved in this proceeding,” DeBoer’s motion said.

Pawula is charged with the misdemeanor offenses of harassment through electronic communication, obscenity and transmission of obscene messages.

Pawula is accused of sending “obscene, lewd or immoral” messages to state Sen. Michael Hastings, D-Frankfort.

Hastings was the opponent of state Rep. Patrick Sheehan, R-Homer Glen, during the 2022 election for Illinois State Senate District 19. Hastings defeated Sheehan during that election.

Pawula, who is employed as a political consultant, promoted Sheehan’s candidacy during that election cycle, according to DeBoer’s motion.

“Although it is unclear, the [attorney general] appears to allege that [Pawula] violated state criminal law by sending some constitutionally protected political memes to [Hastings],” DeBoer’s motion said.

Hastings has said he’s been a victim of electronic harassment in which Pawula and potentially other affiliates sent sexually explicit images.

The offenses allegedly occurred on Nov. 8, 2022, the day Hastings defeated Sheehan, as well as on Nov. 11, 2022, according to the attorney general’s office.

The attorney general’s office has not yet responded to DeBoer’s motion. Pawula’s case is set for a status date on March 19 and then a hearing on April 3 before Will County Judge Shenonda Tisdale.

DeBoer has also filed a motion to dismiss the case against Pawula because he has not been properly charged.

DeBoer’s motion said Pawula was issued a pretrial release notice to appear that was filed in Will County court on May 8, 2024.

The attorney general’s office attempted to combine that document with a “bill of particulars” on June 5, 2024, to commence the prosecution of Pawula, DeBoer’s motion said.

“Neither the [pretrial release notice to appear] nor the bill of particulars have the statutory effect of commencing prosecution. Only the filing of a complaint, information or indictment commences a prosecution,” DeBoer’s motion said.

DeBoer’s motion said the attorney general’s office suggested the pretrial notice is the “functional equivalent of a complaint,” which is contrary to state law and Illinois Supreme Court rules.

DeBoer’s motion argued that since Pawula has not been properly charged, the case against him should be dismissed because the time limit to initiate the prosecution expired on May 8, 2024.

Only the pretrial notice to appear was filed on that day and the document is not a proper charge, DeBoer’s motion said.

In court filings, the attorney general’s office said the evidence against Pawula includes an extraction report of Pawula’s phone, a copy of Hastings' text messages and an interview of Pawula that lasted more than 14 minutes.