Post by Site Admin on Jan 4, 2006 17:40:25 GMT -5
Lawyer wants indictment dropped
[published on Wed, Jan 4, 2006]
By ROB PHILLIPS
rphillips@nwherald.com
WOODSTOCK – A state police officer should not have listened to grand-jury evidence before offering his own testimony, said an attorney for one of three former police officers accused of beating a man outside a Fox Lake bar.
Attorney Alfred Stavros said that because Illinois State Police Special Agent William Kroncke heard multiple grand-jury witnesses before testifying, that was reason enough to have the indictments tossed.
Stavros, who represents former police Officer Jerome Volstad, recently lost his first try at dismissing the same indictment.
A judge ruled that Kroncke was allowed in the grand-jury hearings despite prosecutors' failure to locate a judge's written order that gave him permission.
Prosecutors repeatedly have said Kroncke was at the grand jury hearings because of his extensive knowledge of
the case.
Volstad, along with Jessica Thelen and former police Officers Brian Quilici and Ronald Pilati, is charged with aggravated battery and mob action in connection with the alleged beating of Ryan Hallett.
Quilici, Pilati and Volstad also face other charges related to the Feb. 20 incident outside KC's Cabin near Fox Lake.
The four defendants have said Hallett was the aggressor.
Volstad and his attorney said Kroncke had exaggerated what happened the night of the alleged attack. Volstad said Kroncke wanted to listen to the grand-jury testimony to ensure that all of the witnesses followed suit.
"[Kroncke] didn't want to be the only one getting up there and telling a story," Volstad said outside court, "because it is not even close to the truth."
McHenry County Assistant State's Attorney Nichole Owens said that she had case law that would back up the state's decision to allow Kroncke to sit in on the hearings.
"He was more familiar with the case than we as prosecutors were at that point," Owens said.
Stavros said he planned to file the motion to dismiss by Jan. 13.
A hearing on the motion is scheduled for Feb. 9.
www.nwherald.com/CommunitySection/other/345520774710375.php
[published on Wed, Jan 4, 2006]
By ROB PHILLIPS
rphillips@nwherald.com
WOODSTOCK – A state police officer should not have listened to grand-jury evidence before offering his own testimony, said an attorney for one of three former police officers accused of beating a man outside a Fox Lake bar.
Attorney Alfred Stavros said that because Illinois State Police Special Agent William Kroncke heard multiple grand-jury witnesses before testifying, that was reason enough to have the indictments tossed.
Stavros, who represents former police Officer Jerome Volstad, recently lost his first try at dismissing the same indictment.
A judge ruled that Kroncke was allowed in the grand-jury hearings despite prosecutors' failure to locate a judge's written order that gave him permission.
Prosecutors repeatedly have said Kroncke was at the grand jury hearings because of his extensive knowledge of
the case.
Volstad, along with Jessica Thelen and former police Officers Brian Quilici and Ronald Pilati, is charged with aggravated battery and mob action in connection with the alleged beating of Ryan Hallett.
Quilici, Pilati and Volstad also face other charges related to the Feb. 20 incident outside KC's Cabin near Fox Lake.
The four defendants have said Hallett was the aggressor.
Volstad and his attorney said Kroncke had exaggerated what happened the night of the alleged attack. Volstad said Kroncke wanted to listen to the grand-jury testimony to ensure that all of the witnesses followed suit.
"[Kroncke] didn't want to be the only one getting up there and telling a story," Volstad said outside court, "because it is not even close to the truth."
McHenry County Assistant State's Attorney Nichole Owens said that she had case law that would back up the state's decision to allow Kroncke to sit in on the hearings.
"He was more familiar with the case than we as prosecutors were at that point," Owens said.
Stavros said he planned to file the motion to dismiss by Jan. 13.
A hearing on the motion is scheduled for Feb. 9.
www.nwherald.com/CommunitySection/other/345520774710375.php