A jury trial scheduled to begin Monday for former Hebron Village President John G. Jacobson was postponed after Jacobson’s attorney said he wanted more time to argue a 2-year-old motion to dismiss the drug-related charges.
The courtroom was almost empty Monday morning when Jacobson and his attorney went before McHenry County Judge Sharon Prather and asked to continue the case for another two weeks.
Defense attorney Dan Hofmann said a motion filed May 2, 2016, seeking to dismiss cocaine charges against Jacobson, 71, was never argued in court.
The motion claims police only found the suspected crack cocaine in Jacobson’s home because he had overdosed and needed medical help.
Attorneys believe Jacobson is protected under state law that grants immunity to possession charges for less than 3 grams of a controlled substance if the person was seeking medical attention for an overdose.
Jacobson faces charges of possession of a firearm with a revoked firearm owner’s identification card, possession of a controlled substance, possession of ammunition without a FOID card and possession of drug paraphernalia. He could face up to five years in prison.
Police said they were called to Jacobson’s Hebron home March 17, 2016, and found him taking shallow breaths while lying on the master bathroom floor in only his underwear. An officer reported seeing a used crack pipe and an unmarked pill bottle containing suspected crack rocks. The cocaine seized at Jacobson’s home is believed to have been less than 3 grams, according to the motion.
Hofmann plans to file a motion to keep certain statements or evidence from being presented at trial. However, it was not clear what he will ask to suppress. The case will pick back up May 21.