Hosey's Fate in Appellate Court's Hands

by Erin Gallagher

The fate of Patch.com reporter Joe Hosey will soon be decided. Attorneys argued in appellate court Wednesday whether Hosey should reveal his source for reports on gruesome details surrounding the deaths of two men in Joliet, now referred to as the Nightmare on Hickory Street.

Hosey had been found in contempt of court for not disclosing the source of the police report and faces jail time and thousands of dollars in fines.

Attorney Neil Patel, who defended convicted murderer Bethany McKee, told Third District Appellate Court judges in Ottawa that Hosey had every right to report the details once he received them. The issue, Patel said, is if someone from the state prosecutor’s office is the leak, that person prevents McKee’s right to a fair trial.

“I think my client has the right to be prosecuted in a fair and just manner,” Patel said. “That means with a level playing field.”

The judges had many questions.

“I’m having a hard time wrapping my brain around. . . how disclosing (the source) has any effect on the trial itself,” said Appellate Judge Daniel Schmidt.

Prior to Wednesday’s hearing, Will County Judge Gerald Kinney ordered Hosey to name the source even though a gag order had not been in place at the time. Hosey’s attorney, Ken Schmetterer, told the appellate judges that Kinney’s order was a “fishing expedition,” not worthy of threatening Hosey with jail time.

“How does disclosing the source unring the bell?” Schmidt asked both attorneys.

Disclosing the source would not protect against a biased juror, Schmetterer said. Patel said McKee requested a bench trial and did not request a change of venue.

McKee and Joshua Miner were convicted of murdering Terrance Rankins and Eric Glover. Alisa Massaro plead guilty to lesser charges in the crime. Adam Landerman is awaiting trial for the crime.

Among the gruesome details Hosey reported were that Massaro and Miner had sex atop the corpses of Rankins and Glover after the two men were throttled by Miner and Landerman.

Thirty-nine news media organizations filed a friend of the court brief supporting Hosey. The National Press Club awarded Hosey the National Press Freedom Award.

The Appellate Court panel, which includes Schmidt, Robert Carter and Tom Lytton, did not indicate when they would render their decision.