A work-release sentence was reduced by two thirds this week for a former Highland Park chiropractor who pleaded guilty in January to felony aggravated criminal sexual abuse of a patient.
Judge Daniel Shanes on Thursday stayed 12 months of work release jail time for Kevin Dutton, 40, after receiving positive reports regarding Dutton’s completion of probation goals. Dutton remains on probation for 30 more months, the remainder of his 36-month probationary sentence, and any violations could result in his being placed back in jail.
He had been sentenced to 18 months of work release.
Defense attorney Steve McCollum said “stellar” reports from the probation department and his probation officer factored into Shanes’ decision.
“He’s performed better than anyone,” McCollum said. “He’s already completed all of his public service hours and paid his (fines).”
McCollum said Dutton, of Chicago, has also aggressively participated in treatment programs “to make himself better.”
Assistant State’s Attorney Lauren Kalcheim Rothenberg unsuccessfully objected to the request to stay the work release “due to the nature of the offense.”
Dutton is no longer licensed as a chiropractor and still must register as a sex offender for life under Shanes’ sentence, and was ordered to contribute $1,000 to the Lake County Children’s Advocacy Center in addition to his court costs and fines.
Dutton had no prior criminal history.
Dutton’s guilty plea related to inappropriate contact with a patient in June 2014. Several other former patients came forward to describe similar incidents to police after he was charged and the case was publicized.
He entered an open guilty plea in the case against him in early January, which allowed Shanes to determine his sentence in exchange for the dismissal of other counts and charges against him.
Rothenberg had asked for an non-specific prison term in January, saying that he displayed the “classic signs of a sex offender.”
During his sentencing hearing, Elizabeth Miller, a detective from the Chicago Police Department, said a former patient of Dutton’s in Chicago had told her in an interview that Dutton had penetrated her with a finger during a session.
Highland Park Police Detective Richard Rash testified that he interviewed three other women who had contacted the Lake County State’s Attorney’s Office after the case became public and all described behavior they felt was inappropriate, including inner thigh massages that would brush against their crotch areas.
“What you did in this case was terrible,” Shanes had said when he imposed the sentence. “It was a violation of the sacred trust a person places in a health care provider when that person puts their health, safety and literally their body in that person’s hands.”
Dutton addressed the court briefly prior to being sentenced in January, apologizing and asking for the opportunity to avoid prison and work toward self-improvement.
“The first thing I want to say is I am sorry,” Dutton said. “I hope I am allowed to remain in the community and be a productive member of society.”
Aggravated criminal sexual abuse carries potential penalties of 3 to 7 years in prison as well as probation options.
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