Attorney Wants Text Harassment Case Against Ex-Aide Tossed: Filing

WILL COUNTY — An attorney for a former political aide facing harassment charges has asked the courts to dismiss the case, according to court documents.

Douglas DeBoer, attorney for Timothy Pawula, 32, of Chicago, has also said that Attorney General Kwame Raoul's Office cannot legally prosecute his client. The office is only permitted to assist Will County State’s Attorney James Glasgow’s Office with any prospective case, according to the motion filed Feb. 19 in Will County.

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

The charges against Pawula—including harassment through electronic communication and transmission of obscene messages and obscenity—followed a purported text message scandal involving Pawula and Sen. Mike Hastings (D-Frankfort). Pawula is accused of sending messages containing fabricated, sexually explicit images depicting Hastings, Gov. JB Pritzker and Rep. Bob Rita (D-Blue Island).

Pawula previously worked as chief of staff for former Rep. Tim Ozinga before the lawmaker's abrupt and unexplained resignation in April 2024. Ozinga was then replaced by Lockport alderman Patrick Sheehan, who ran against Hastings for the Senate's 19th District seat in 2022. Ozinga campaigned for Sheehan in that cycle, the court filing reads. Hastings won the Nov. 8, 2022 contest.

The messages were alleged to have been sent Nov. 8, 2022, and again Nov. 11, 2022. An investigation into the messages was sparked by a police report filed by Hastings in fall 2023. The messages were reportedly sent from a "spoofed" number. The investigation by Illinois State Police—which state police said was limited to Hastings' complaint—led to the charges from Raoul’s office.

“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],” the motion reads.

DeBoer also argued that the case should be dismissed because Pawula was never properly charged following his arrest on May 2, 2024. Pawula was issued a pretrial release notice to appear as filed in Will County court on May 8, 2024. By June 2024, a complaint had not yet been filed, DeBoer said. At Pawula's first hearing, the attorney general's office pointed to the pretrial notice to appear, noting it as the "functional equivalent of a criminal complaint," the motion reads. That is not in compliance with state law and Illinois Supreme Court rules, according to DeBoer.

A "bill of particulars" was also submitted June 5, 2024. Neither that nor the pretrial notice to appear suffice as documentation necessary to start a prosecution.

"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 argued that without a formal complaint filed, the attorney general's office has exceeded the statute of limitation to proceed with charges.

The attorney general should file a response by March 19, DeBoer said, and the next hearing is set for April 3.

Read the motion here: