Case continued against man accused of threatening state Rep. Ives

<p>State Rep. <a id=Jeanne Ives  |  Rich Hein/Sun-Times

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State Rep. Jeanne Ives | Rich Hein/Sun-Times

The case of the man accused of threatening state Rep. Jeanne Ives (R-Wheaton) was continued Tuesday by DuPage Judge Blanche Hill Fawell.

Stephen Bona’s attorney cited a subpoena in which he requested information from the Illinois State Police that was met with a motion to quash from the DuPage County State’s Attorney’s office.

“I’d like time to respond to it (the motion),” attorney Joanie Rae Wimmer told Fawell, explaining that she only received notice of the motion last Friday.

Fawell granted Wimmer until Sep. 26 to file a response and set a new trial date of Oct. 3.

The case involves telephone calls made to Ives’ office in March 2013 in response to her calling same sex marriage a “disordered relationship” during a radio interview.

Bona’s message, which the defense has not denied, not only referred to her with expletives, but stated, “Your Tea Party brethren, Sarah Palin, put up a map including the names, locations and faces of Democratic candidates … we know where you live … there’s no longer an assault weapons ban.”

The DuPage State’s Attorney responded by charging Bona with threatening a public official.

Wimmer filed a motion for dismissal of the charges in January, arguing that Bona’s message to Ives was free speech protected by the First Amendment.

But Fawell rejected the motion, indicating that whether or not Bona’s telephone message warranted constitutional protection was best determined by a jury. She did grant the defense more time to accumulate evidence and force the State’s Attorney’s office to present a more specific list of charges.

The subpoena to the State Police requested information regarding all communications regarding the case between the State Police and the Wheaton Police Department and all procedures, instructions and protocols relating to investigating threats made against public officials.

The subpoena also requests any materials relating to the term “Tier 3” found in the subject line of two department emails and to define what the term means.

Moreover, Wimmer wants all materials which link Tier 3 with the term “unfounded,” terms which were both used in another interdepartmental email.

Wimmer said that the emails might prove that the State Police considered the charge to be much lower in importance than thought by the State’s Attorney.

“It would be significant,” Wimmer said. “We’re going to continue litigating the case.”

Bona made no statements after the continuance was granted.

State’s Attorney spokesperson Paul Darrah confirmed that the motion to quash the subpoena was filed, but declined any further comment.

The Sun was unable to contact Ives before going to press.

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