Post by Site Admin on Feb 23, 2006 12:43:58 GMT -5
Prosecutor accused of misconduct in beating case
WOODSTOCK – Attorneys for three former police officers accused of beating a man last year claim that a prosecutor broke the law by discussing deliberations with a grand juror who indicted the men.
The allegations are the latest by defense attorneys seeking to have the indictments against former police officers Jerome Volstad, Brian Quilici and Ronald Pilati thrown out.
"We now have a kaleidoscope of problems with these grand-jury proceedings," said Dane Loizzo, who represents Pilati. "The whole thing is a carnival."
Nichole Owens, criminal division chief for the state's attorney's office, said she never discussed the proceedings with a grand juror. She said she only asked the juror whether he would be willing to prepare a sworn statement of his account of the proceedings.
Quilici, Pilati, Volstad and co-defendant Jessica Thelen were charged with aggravated battery and mob action in connection with the Feb. 20, 2005, beating of Ryan Hallett outside KC's Cabin, a bar near Fox Lake.
Volstad is a former Lincolnshire officer, Quilici is a former Richmond officer, and Pilati used to work for the Spring Grove Police Department.
The officers' attorneys have alleged that the indictments were tainted because jurors were intimidated by a state police investigator who was present during deliberations, rolling his eyes and making other gestures during certain testimony, and that there were other people in the proceedings who should not have been there.
In response to those claims, Owens filed a motion asking a court reporter to provide a written affidavit of what she remembers about the grand jury deliberations.
Owens also said that a grand juror recently had written the state's attorney's office and said he could provide information about what occurred.
Owens said that she called the juror and asked him if he could fill out a similar affidavit if it was requested.
"We have to prove that [Illinois State Police Special Agent William Kroncke] did not influence the grand jury and who better to do that than a grand juror," Owens said in court.
But the defendants' attorneys said that, according to Owens' motion, she had a discussion with the juror regarding the hearings. That discussion violated state law, they said.
"She had no right to contact that grand juror when it is specifically barred by statute," said Alfred Stavros, who represents Volstad. "[Owens] just made herself a witness."
The defense attorneys said that because Owens could be called as a witness in this case, they might have to ask that the entire McHenry County state's attorney's office be removed from the case.
"Not only do we have the grand juror who faces contempt charges for talking about the deliberations," Loizzo said, "but we also have the criminal chief of the state's attorney's office facing contempt charges."
The next hearing in the case is scheduled for March 8.
tinyurl.com/omc9t
WOODSTOCK – Attorneys for three former police officers accused of beating a man last year claim that a prosecutor broke the law by discussing deliberations with a grand juror who indicted the men.
The allegations are the latest by defense attorneys seeking to have the indictments against former police officers Jerome Volstad, Brian Quilici and Ronald Pilati thrown out.
"We now have a kaleidoscope of problems with these grand-jury proceedings," said Dane Loizzo, who represents Pilati. "The whole thing is a carnival."
Nichole Owens, criminal division chief for the state's attorney's office, said she never discussed the proceedings with a grand juror. She said she only asked the juror whether he would be willing to prepare a sworn statement of his account of the proceedings.
Quilici, Pilati, Volstad and co-defendant Jessica Thelen were charged with aggravated battery and mob action in connection with the Feb. 20, 2005, beating of Ryan Hallett outside KC's Cabin, a bar near Fox Lake.
Volstad is a former Lincolnshire officer, Quilici is a former Richmond officer, and Pilati used to work for the Spring Grove Police Department.
The officers' attorneys have alleged that the indictments were tainted because jurors were intimidated by a state police investigator who was present during deliberations, rolling his eyes and making other gestures during certain testimony, and that there were other people in the proceedings who should not have been there.
In response to those claims, Owens filed a motion asking a court reporter to provide a written affidavit of what she remembers about the grand jury deliberations.
Owens also said that a grand juror recently had written the state's attorney's office and said he could provide information about what occurred.
Owens said that she called the juror and asked him if he could fill out a similar affidavit if it was requested.
"We have to prove that [Illinois State Police Special Agent William Kroncke] did not influence the grand jury and who better to do that than a grand juror," Owens said in court.
But the defendants' attorneys said that, according to Owens' motion, she had a discussion with the juror regarding the hearings. That discussion violated state law, they said.
"She had no right to contact that grand juror when it is specifically barred by statute," said Alfred Stavros, who represents Volstad. "[Owens] just made herself a witness."
The defense attorneys said that because Owens could be called as a witness in this case, they might have to ask that the entire McHenry County state's attorney's office be removed from the case.
"Not only do we have the grand juror who faces contempt charges for talking about the deliberations," Loizzo said, "but we also have the criminal chief of the state's attorney's office facing contempt charges."
The next hearing in the case is scheduled for March 8.
tinyurl.com/omc9t