People v. Cline

Defendants, Michael A. Cline and Christopher J. Gens, were employed by Oakland Cemetery Association of Freeport, Inc., which operates Oakland Cemetery (Cemetery). On April 28, 1997, they removed the gravestone marking Hazel McLarnon’s grave because Ms. McLarnon’s family had failed to pay the Cemetery the costs associated with her burial. Based on their removal of the gravestone, defendants were arrested. After a bench trial, they were convicted of a violation of section 1 of the Cemetery Protection Act (Act) (765 ILCS 835/1 (West 1996)).

Defendants challenge their convictions on the following…