Mayor to seek dismissal of charges in gambling case

Tuesday, June 7, 2005 | 9:38 a.m.

Tazewell County Circuit Judge J. Peter Ault gave the first-term mayor until June 13 to file a motion to have the felony charges dropped. The judge set a July 1 hearing for arguments on the motion.

"Evidently, the attorneys think there is a valid reason to dismiss," Howard told the (Pekin) Daily Times after Monday's hearing.

Tazewell County State's Attorney Stewart Umholtz said that since charges were filed, Howard has maintained he repaid the money and did nothing wrong. Umholtz contends public money cannot be used for personal benefit, including a short-term loan.

"As I've said before, that will be up for the court to determine," Umholtz said.

Howard is charged with official misconduct for allegedly using his city-issued credit card for cash advances on three separate occasions last year at the Par-A-Dice Casino in nearby East Peoria.

The 67-year-old mayor has pleaded not guilty and is free on a $5,000 personal recognizance bond.

Ault set Monday's hearing after prosecutors and defense attorneys failed to reach a deal during a meeting before a hearing last month.

At the time, Ault advised attorneys to not discuss the case, but told both sides Monday that he was asking them to use discretion with the media rather than issuing a gag order.

"Obviously, my suggestion last time that all parties be discreet got misconstrued as a gag order. There is no gag order," Ault said.

Howard has rejected an appeal for his resignation by city council members who say the charges have destroyed his credibility and ability to lead. He said stepping down would be an admission that he did something illegal and he doesn't think he did.

If convicted, Howard would be required to resign by law once his appeals are exhausted.