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Murder trial witness serving 10 years for contempt says the punishment doesn't fit the crime

A person wearing a blue jacket is sitting and speaking into a microphone labeled with the WGLI logo. Another person is holding the microphone close. The background shows a plain wall. The setting appears to be an interview.
Emily Bollinger
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WGLT
Alexander Gayles, above, speaking to WGLT at Centralia Correctional Center on Jan. 17, 2025. WGLT agreed not to reveal his face.

A man who initially refused to testify in a McLean County murder case got an unprecedented prison sentence in a case advocates and experts say is “weird.”

Alexander Gayles, of Chicago, is serving 10 years for failing to appear in response to a subpoena last spring. Gayles believes the court did not take seriously his fear of testifying.

Gayles was on the witness list in a high-profile McLean County case involving Malcolm Johnson and Kevon Moon, who were charged with the 2020 killing of Jaleel Johnson. A third defendant, James Moon, has not yet been apprehended.

Gayles is speaking out as a hearing looms determining whether Judge William Yoder will reconsider the ruling that sent Gayles to prison for a decade.

A 'material' witness

Gayles told Bloomington Police while in custody in November 2021 that he knew Malcolm Johnson and was at a party where prosecutors believe the defendants established a motive to kill Jaleel Johnson. A request for access to police interviews with Gayles was denied while the murder trial is under appeal.

Gayles had been picked up on a drug charge and was led to believe he'd get leniency if he helped police with the murder investigation.

“I was scared because I was high, and I was trying to say whatever I can to get them to let me out of jail,” he said in an interview with WGLT last week at Centralia Correctional Center.

Judge William Yoder, seen here in this 2012 file photo.
Staff
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WGLT file
Judge William Yoder, seen here in this 2012 file photo.

Police have agency to mislead people to advance an investigation, and Gayles’ attempt to help himself didn’t pan out. He was sentenced to 5 years in prison and released on Aug. 25, 2023—serving just over 2 years.

Gayles said he was badly hazed while in prison for having talked to the cops. He described verbal harassment and having feces thrown at him, and said he became anxious and scared. He stopped using drugs, got out of prison and was holding down a job when he received a subpoena to testify on Dec. 27, 2023.

Gayles told WGLT he didn’t see much at the party. He hadn’t talked to Malcom Johnson, who he called “an associate,” for months, he said, and didn’t know Jaleel Johnson. When the fight which allegedly provoked Jaleel Johnson’s killing broke out outside, Gayles told WGLT he was inside and didn’t witness it.

At first, court transcripts confirm Gayles was communicative with the lead prosecutor, Bradly Rigdon, about his responsibility to appear. But on the first day of the trial, April 15, 2024, he got spooked and didn’t show.

“I felt like my safety is more important than helping them with their case,” said Gayles.

Gayles failed to appear the following day, too. Rigdon successfully argued that he could not proceed without him, stating Gayles was “material” to the State’s ability to establish motive and “movement of the first defendant, Malcolm Johnson, coming down from Chicago, and then moving about in the Bloomington/Normal area prior to the murder itself,” court transcripts confirm.

Rigdon filed a motion for a continuance and the trial was postponed until May 10. The jury, having not been sworn in, was sent home. Judge Yoder verbally declared a mistrial, according to transcripts—though that was never recorded in the official court record.

Yoder, a former McLean County state's attorney, also issued a warrant for Gayles’ arrest.

With assistance from U.S. Marshals, Gayles was apprehended in Wisconsin. Jail officials confirmed he arrived at McLean County jail on May 7, 2024, charged with indirect civil contempt and obstruction of justice. In a preliminary hearing, Yoder deemed the offense serious enough to upgrade to criminal contempt, making Gayles eligible for prison time—with no sentencing guideline or maximum. On Aug. 6, Gayles accepted an open plea agreement, sometimes called a “blind plea,” meaning he admitted guilt without pre-arranged knowledge of his sentence. On Sept. 30, he was sanctioned to 10 years in prison.

Inmate Services Director Jackie Mathias confirmed Gayles was placed in protective custody while at McLean County jail—pro forma for inmates called to testify in high-profile cases, she said. Gayles ultimately took the stand and the jury trial ended in convictions for both defendants.

In a phone call, Mathias said Gayles’ situation was “unusual.” She didn’t notice any concerning behavior after Gayles testified or was sentenced. He was just nervous, she said.

Since moving from jail to prison in October, Gayles has chosen to stay in general population. He said the confinement and lack of privileges in protective custody outweigh the benefits. But he's constantly looking over his shoulder.

A 'weird' case

Multiple nonprofit advocacy groups, journalists and people connected to public defender’s offices in other counties spoke to WGLT about Gayles’ case on background. Like Mathias, they described his situation as unusual and “weird.”

Gayles told WGLT he felt “manipulated, stupid and vulnerable,” because he’s “the only person in prison for contempt.”

According to a quarterly report published by the Illinois Department of Corrections, he’s right. In September, the statewide prison population had no record of anyone incarcerated for contempt.

“I’ve never represented someone who found himself or herself in the same situation outlined in this case,” said criminal defense attorney Steve Skelton, who has practiced law in Bloomington for 50 years. (Skelton is not affiliated with Gayles’ defense.)

“These types of prosecutions are extremely rare,” Skelton said, adding that criminal contempt has no written statute.

Michael Malin, a private attorney contracted by the McLean County Public Defender, was assigned to represent Gayles. Malin declined to be interviewed, directing WGLT to court transcripts, but he acknowledged in a phone call the case was unlike anything he’d seen before.

A man in a suit smiles at the camera
courtesy
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Skelton and Wong
Steve Skelton

Skelton said Gayles’ 10-year sentence is “baffling.” His choice to eventually testify and admit guilt through a plea agreement should have been marks in Gayles’ favor.

“From my perspective, personally, I’d suggest it’s at least an abuse of [judicial] discretion,” Skelton said. “It’s not appropriate behavior to blow off an obligation. A subpoena is a court order saying you or I will appear at a certain date and time and be available to testify. But I sure don’t see it as egregious.”

“The least possible power”

The state legislature gives judges broad discretion in ruling on contempt cases. Though rare, there is at least one instance in Illinois case law supporting Gayles’ penalty.

In 2012, the Illinois Supreme Court overturned a 20-year sanction given to Terrell Geiger in Kankakee County. Geiger was charged with contempt for refusing to testify in a double murder trial after being offered immunity. The court characterized Judge Clark Erickson’s actions as “an abuse of discretion and manifestly disproportionate to the nature of the offense.”

The 1st Illinois Appellate Court outlined sentencing considerations for contempt a year later. “Punishment of criminal contempt should reflect the least possible power adequate to the end proposed,” they said.

Yoder’s ruling may have relied on Geiger’s sentence as precedent, which was halved in a second trial (far exceeding the state Supreme Court’s recommendation). Geiger was released early by earning day-for-day credit, commonly referred to as “good time.”

Malin filed a motion to have Gayles’ sentence reconsidered at a Feb. 3 hearing, which Skelton said is likely to “go down in flames.” Gayles will then have a chance to appeal in a state appellate court.

In response to an interview request, McLean County state’s attorney Erika Reynolds said her office would answer questions after the hearing. Judge Yoder’s office declined an interview, directing WGLT to his statements in court.

Setting an example

Gayles said he felt like there was a target on his back.

“I’m not a bad guy,” he said. “I’ve only been to jail once for a petty drug charge and after that I changed my life. So, I don’t see how I deserve this much time.”

On the witness stand, he at first invoked his Fifth Amendment right to remain silent, for fear of self-incrimination. A public defender advised him this would further irritate the court and potentially harshen the penalty he’d receive on the contempt charge. So, he testified.

Gayles said he was not prepared to make a statement to Yoder during his plea hearing; he’s only seen Malin in court. He didn’t know an open plea was so risky.

“[Malin] told me that Judge Yoder had just sent someone home on an open plea,” Gayles said. “I asked him, if I take open plea, would I be out in time to see my son born, and he said yeah. So, I signed the paper.”

Skelton said Gayles’ representation reflects the caseload and capacity of public defenders, generally, and not necessarily incompetence. Malin argued for time served, 5 months, but Yoder took the State’s recommendation of 10 years.

In court, assistant state’s attorney Bradly Rigdon said Gayles’ sobriety warranted a stronger penalty.

“He is not someone who can say I was too high, I was too drunk, I didn’t realize what I was doing, I didn’t understand, oh, I got too high on a weekend bender and wasn’t able to come down and then got scared,” transcripts said. “No, he was clean and sober in making his decisions on his own.”

According to court records, Rigdon urged Yoder to “send a message” to Gayles.

“It needs to alert others who see what happens, that this conduct is not acceptable,” he said.

Skelton said this is a common tactic of prosecutors—and “a bunch of crap.”

“The people to whom that type of message is being sent aren’t going to listen to it anyway,” he said. “What you’re really doing, in my opinion, in a sentencing hearing, is impacting the person in front of you. …What’s enough to make it sink in, so to speak, and be a lasting memory for that person.”

Yoder concurred with Rigdon.

"The court believes that a sanction in this contempt proceeding is necessary to deter others from committing the same offense," he said in court transcripts. "Because our justice system simply cannot work if witnesses do not appear for trial."

Skelton said he’s represented dozens of clients who got less time for arguably worse offenses—including murder.

“If they feel like I need to be punished, it should have been within what the charge carries—1 to 3 years,” said Gayles.

As part of his plea agreement, the court dropped Gayles’ obstruction of justice charge, a class 4 felony with a 3-year maximum sentence. If he’d appeared on the stand when first called and lied, he could have faced 5 years for perjury.

A person wearing a blue jacket sits with hands clasped together on their lap. The focus is on the hands and jacket, providing a sense of calm and introspection.
Emily Bollinger
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WGLT
Alexander Gayles was sanctioned to 10 years in the Illinois Department of Corrections. He will have an opportunity to have his sentence reconsidered on Feb. 3 in McLean County.

A high price

Gayles’ actions cost the court time and money. Two defendants sat in jail for an extra month awaiting trial. Subpoenaed witnesses had to arrange to come back.

There’s a cost to Gayles’ punishment, too.

According to a financial impact statement published by the Illinois Department of Corrections, the state paid $45,828 per inmate, per year, to incarcerate individuals during the 2022 fiscal year.

“In sentencing an individual,” the report said, “the court shall consider, among other factors, the financial impact of incarceration.”

If Gayles were to serve the entirety of his 10-year sentence, the state’s price tag exceeds $450,000 before factoring for inflation.

There’s also the real and perceived risk witnesses incur, regardless of whether they’re testifying by choice. Malin defended the legitimacy of Gayles’ fear, noting how he was “pulled out of his cell… hassled, ridiculed and degraded” as Gayles was brought up to the witness stand. Gayles said he had a panic attack on the stand. He now takes medication for anxiety and depression.

“It’s much more the situation that Mr. Gayles was suffering problems from the fact that he was a potential State witness,” said Malin, according to court transcripts. “That’s something Mr. Gayles is going to live with regardless of where he is, especially if he’s put back into custody. So that’s the fear in this case; that’s the motive. The court can choose to appreciate that or not appreciate that to whatever extent it finds, but as far as a record goes, that’s what’s before the court.”

If his sentence holds, with good time, Gayles will become eligible for parole in 2029. In the meantime, he leans on his Muslim faith, praying five times a day. He talks to his mother for support.

“She’s all I’ve got,” Gayles said. “She’s stressed out that I’m in here. And she’s scared for me.”

Gayles’ son was born in October. He hasn’t met him.

Lauren Warnecke is a reporter at WGLT. You can reach Lauren at lewarne@ilstu.edu.
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