Federal prosecutors will oppose a motion by Sean McGilvery, who is facing heroin trafficking charges and is a friend of former St. Clair County Circuit Judge Mike Cook, to be released from jail until trial so he can get drug treatment.
Assistant U.S. Attorney James L. Porter stated that McGilvery, 34, is a danger to the community because he has been selling heroin and other drugs for a long time.
Porter further contented that McGilvery is a flight risk who could obstruct justice or intimidate of injury witnesses in the case.
In his motion filed on Wednesday, Porter stated he intends to present McGilvery's previous statements to oppose his release. Porter stated he would use this in support of his motion to inform the judge of the "true nature of (McGilvery's) involvement in the case."
On Monday, Rodney Holmes, McGilvery's lawyer, asked U.S. Magistrate Donald Wilkerson to reconsider his May 30 order that McGilvery be held in St. Clair County Jail until his trial.
Holmes contacted a residential drug treatment program that said they would have an available bed, according to a motion filed by Holmes, and McGilvery's family provided the names of other family members who offered to let him stay there if he is released on house arrest.
McGilvery is accused of conspiring with Deborah A. Perkins and Douglas W. Oliver to buy large quantities of heroin in Chicago and resell the drugs in the metro-east.
On May 22, Cook, who was then a sitting judge presiding over felony cases, including drug court, was arrested outside McGilvery's house in the 300 block of North 38th Street in Belleville.
Cook, 43, was charged with misdemeanor possession of heroin and felony possession of a firearm. Cook is in a Minnesota drug treatment facility.