The judge who dismissed Michael Allison's case last week won't have the final word.
An appeal by prosecutors is likely in the works, Crawford County State's Attorney Tom Wiseman said Wednesday.
On Sept. 15, Second Illinois Judicial Circuit Judge David K. Frankland accepted Allison's motion to dismiss the case on the grounds that eavesdropping law he is charged under is unconstitutional.
Allison's defense filed the motion on April 29, citing three ways in which the law violates constitutional protections. Frankland granted two of the motions, rejecting the third.
Wiseman said the prosecutors - the Illinois Attorney General's Office was brought in earlier this summer to assist with the case - have 30 days to appeal. They'll take their time in making the next move in a case that has brought national attention to the county.
"We're still considering all of our options at this time," Wiseman said. "We've got a little time here."
Michael D. Allison, 42, Bridgeport, was charged with five felony counts of eavesdropping for five separate incidents of audio recording conversations without consent after he tried to record a Jan. 13, 2009, court proceeding with Judge Kimbara G. Harrell.
Allison also faces two other counts of recording an officer performing official duties without consent that occurred on Nov. 26 and Dec. 6, 2008, and two charges of recording conversations without consent that took place in the Crawford County Courthouse on Dec. 19 and Dec. 31, 2008.
If convicted, Allison could face up to 75 years in prison.
Frankland's ruling left room for charges stemming from the court room incident, writing that while the law is unconstitutional because it prohibits recordings without reasonable time, place and manner restrictions, Allison should not have been permitted to record his court proceeding because it is disruptive.
In early September, Allison's story went viral. He was mentioned by the likes of Glenn Beck, the Drudge Report and the Huffington Post, prompting a flood of angry calls to local city and county offices from across the country.