Judge rules against attempt to alter jury verdict in Fox case

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March 12

JOLIET – A federal judge today denied a post-trial motion filed by the attorney for Kevin and Melissa Fox seeking to change the jury verdict with regard to their claim of conspiracy to intentionally inflict emotional distress on Melissa Fox.

In December, the jury found in favor of the Will County sheriff’s deputies regarding Melissa Fox’s conspiracy claim and awarded her no monetary damages with regard to that claim.

The Foxes’ attorney, however, asked U.S. District Court Judge John W. Darrah to alter or amend the jury’s verdict to make it a favorable finding for Melissa Fox with regard to the conspiracy claim.

Judge Darrah denied the Foxes’ request to rewrite or reinterpret the jury’s clear verdict in favor of the deputies on this issue.

“Plaintiffs’ argument as to the true intent of the jury is not convincing,” the judge wrote in his ruling. “As noted by the defendants, the jury’s verdict on Melissa Fox’s conspiracy claim was clearly stated on the verdict form. The jury placed a check mark under the “For Defendant” column beside the names of each of the five defendants and set the damages for the conspiracy claim at $0. Any inferences plaintiffs might draw from the jury’s award of punitive damages cannot overcome the clear statement on the verdict form that the jury found for defendants on the conspiracy claim.”

Attorneys for the deputies have filed a post-trial motion challenging a $2.5 million jury award to Melissa Fox for punitive damages. The defense attorneys argued that Illinois law does not allow punitive damages for intentional infliction of emotional distress, and therefore the $2.5 million award should be eliminated from the judgment amount.

The defense attorneys argued that given the judge’s ruling today, there is no basis under Illinois law for Melissa Fox to recover any punitive damages.

A status hearing on the defense motion is scheduled for April 16.

Man found guilty in Bolingbrook shooting

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March 6

JOLIET – Will County State’s Attorney James Glasgow announced that a jury on Thursday found a Bolingbrook man guilty of firing a gun into a crowd of men last year.

Christopher Gunn, 25, faces up to 14 years in prison when he is sentenced before Circuit Judge Amy Bertani Tomczak on May 8. The jury deliberated for just over two hours before finding Gunn guilty on one count of unlawful use of a weapon by a felon.

Gunn fired between five and six shots into a crowd of men standing outside Bolingbrook’s Jamestown townhouse complex on Nov. 8, 2007. No one was injured, but several witnesses saw Gunn fire the weapon.

Gunn left the scene; a gun was never recovered. However, Bolingbrook police investigating the case linked Gunn to the shooting and took him into custody within a matter of days.

“Proving a case based solely on eyewitness accounts can be difficult,” State’s Attorney Glasgow said. “However, Bolingbrook detectives conducted a quick and thorough investigation that gave my prosecutors, Mike Fitzgerald and Tricia McKenna, the testimony necessary for them to prove to jurors that Gunn was the shooter.”

Denise Payton accepts position with Will County Children’s Advocacy Center

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March 6

JOLIET – Will County State’s Attorney James Glasgow announced that Denise Payton, who has extensive experience working with local social service programs, has accepted a position as a case manager for the Will County Children’s Advocacy Center.

The Will County Children’s Advocacy Center, which State’s Attorney Glasgow established in 1995, is a not-for-profit agency with a staff that is trained to interview children who are the victims of sexual abuse and severe physical abuse. The children’s statements, which are recorded in a non-suggestive, non-threatening environment, have been used in the successful prosecution of literally hundreds of sexual predators in Will and Grundy counties over the past decade.

As a case manager, Payton will coordinate and connect young victims and their family members with appropriate counseling, medical services and community resources. She also will serve as a court advocate, providing support and education to clients during the investigation and prosecution of child sex abuse cases.

As part of her duties, Payton also will receive specialized training that will enable her to serve as back-up forensic interviewer of children in abuse cases. She will report to Sue Bloch, the Will County Children’s Advocacy Center’s executive director.

Payton served as the executive director of CASA of Will County, Inc. The organization’s volunteers serve as advocates in the courtroom for children who are the victims of abuse and neglect. Payton also served as a case worker for the Easter Seal Rehabilitation Center in both the Special Home Placement Program and the Early Intervention Program. 

“We are extremely fortunate to have someone of Denise Payton’s caliber putting her experience and energy to work at the Will County Children’s Advocacy Center,” Glasgow said. “She was a dedicated advocate for children at CASA, and she will be an asset to the Children’s Advocacy Center.”

Payton is a past board member of the Joliet Alliance for Youth, the Joliet Region Chamber of Commerce & Industry and the Council for Working Women. She currently serves on the Board of Directors of Agencies United and the Southwest Suburban Philanthropic Network. She also is a member of the Joliet Rotary and serves on the Take Back the Night steering committee.

She is a Joliet native who lived and worked in many different parts of the United States before returning to Joliet to raise her family. She graduated from St. Francis Academy and received a Bachelor of Arts degree from Purdue University. Payton and her husband have six children between them. In her free time, she enjoys family and outdoor activities, music, reading and travel.

Joliet man gets 34 years in 1997 shooting death

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February 29

JOLIET – Will County State’s Attorney James Glasgow announced Friday that a Joliet man has been sentenced to 34 years in prison for the 1997 shooting death of another man in Joliet.

Derrick Wheeler, 31, was found guilty of first-degree murder in November. He was sentenced by Associate Judge Robert Livas.

Wheeler gunned down Monte Love, shooting him in the back of the head once and then two more times after he hit the ground. The shooting occurred on June 18, 1997 near Duncan and River streets under Interstate 80 in Joliet. 

Testimony during the trial revealed that Wheeler and Love had been involved in selling phony cocaine together. A bag of fake rock cocaine was found on the victim’s chest.

The man who drove Wheeler and Love to the location under the highway testified that he was in the car when Wheeler shot the victim. He heard the shots and saw Wheeler with a gun, according to testimony during the four-day trial.

A neighbor also testified that she saw the shooting from a distance but that she could not identify the shooter.

“This was a cowardly act of violence by a lowlife drug dealer who showed no mercy in gunning down a defenseless man in cold blood. This execution-style slaying shows he is devoid of any empathy for human suffering,” Glasgow said. “The credit for taking this treacherous and brutal criminal off our streets goes out to the Joliet Police Department for its dogged investigation and the skillful trial work by my two assistant state’s attorneys who prosecuted this case, Kathy Patton and Chris Regis.

Guilty verdict in home invasion; prison sentence in DUI injury case

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February 29

JOLIET – Will County State’s Attorney James Glasgow announces that a Joliet man was found guilty of home invasion at the conclusion of a jury trial earlier this week.

In addition, a Chicago woman was sentenced to two years in prison for a drunken driving collision that seriously injured a woman in Romeoville last year.

Home Invasion

Tobias Payton, 26, was found guilty on two counts of home invasion and one count of aggravated battery with a firearm on Monday.

Payton got into a fight with a 35-year-old man at his home in Joliet Township on March 17, 2007. Payton left the home after losing the fight, but returned later with his brother, Xavier Payton, forced open the locked door and cornered the victim in a den.

Payton shot the victim four times, wounding him in both legs and in his hand. The original fight began because the victim refused to allow Payton to use his mother’s bedroom to have sex with a girl, according to testimony.

Xavier Payton is awaiting trial on the same charges for his role in this case.

Payton faces between 31 years and life in prison when he is sentenced before Circuit Judge Amy Bertani-Tomczak on April 3. He cannot receive probation.

State’s Attorney Glasgow credited Assistant State’s Attorneys Frank Byers and Mike Fitzgerald for securing a conviction that will put a violent criminal behind bars for many years.

“These two prosecutors demonstrated first-rate trial work,” Glasgow said. “Tobias Payton is a ruthless criminal with an utter disregard for the rule of law. This is a critically important conviction that will make Will County’s streets safer for everyone.”

Aggravated DUI

Lorena Baylon, 21, of Chicago, was sentenced to two years in prison Tuesday after pleading guilty in November to two counts of aggravated driving under the influence of alcohol.

On April 17, 2007, Baylon drove her vehicle into oncoming traffic on Illinois 53 near Taylor Road and struck another vehicle in a head-on collision. The driver of the other vehicle, a 56-year-old New Lenox woman, suffered two broken legs, broken ribs and a broken tailbone and is still undergoing rehabilitation.

Baylon, who had left a party on the night of the crash, had a blood-alcohol level of .114 and alcohol in her car. Circuit Judge Richard Schoenstedt said there a too many DUIs in Will County and that a prison sentence in this case was necessary to deter others from drinking and driving.

The case was prosecuted by Assistant State’s Attorney Mark Fleszewski.

Joliet man sentenced to natural life in 2001 slaying

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February 29

JOLIET – Will County State’s Attorney James Glasgow announced that a Will County Judge has sentenced a Joliet man to natural life in prison for the 2001 slaying of 24-year-old Darnell Washington.

A jury in November found Paul Quintero, 31, guilty of shooting Washington multiple times in the side of his face on Nov. 2, 2001. The victim’s body was discovered on the side of Farrell Road near U.S. 6. A sport utility vehicle Washington had been driving the evening he was killed had been torched and was found near McDonough Street and Joyce Road.

Associate Judge Robert Livas sentenced Quintero on Friday morning.

“Paul Quintero is a vicious killer who callously gunned down Darnell Washington in the prime of his life,” State’s Attorney Glasgow said. “There is simply no way to ever comprehend such abject disregard for the dignity of human life. Nothing can ever compensate Darnell Washington’s devoted parents for the tragic loss of their son. However, our system of justice has guaranteed them, and all of the citizens of Will County, that they can rest assured this cold-hearted murderer will never set foot on our streets again.”

Charles and Yvonne Washington, who are Darnell Washington’s parents, waited six years for justice. Quintero’s conviction in November arrived shortly before the sixth anniversary of their son’s death.

The Washingtons were told by officials from the administration of the prior state’s attorney, who held office from 2000-2004, that they would not file charges against Quintero because the case could never be proved. At the conclusion of Quintero’s trial in November, the Washingtons thanked Glasgow and his assistant state’s attorneys, Neil Adams and Jim Long, for championing their cause.

Shortly after Glasgow was elected state’s attorney in late 2004, the Washingtons asked the state’s attorney to review the investigation into their son’s murder. Will County sheriff’s detectives already had completed an exhaustive investigation that identified Quintero and another individual, Joseph Gonzalez, as suspects in Darnell Washington’s murder.

Quintero was serving a 38-year prison sentence at Pontiac Correctional Center for the 2000 shooting death of Michael Ceja in Joliet when Glasgow’s office obtained a murder indictment against him last year in the Washington case. The Ceja murder was still under investigation when Quintero killed Washington in November 2001.

Glasgow praised Assistant State’s Attorneys Adams and Long for skillful trial work that enabled jurors to reach a guilty verdict in little over an hour. Adams is the chief of Glasgow’s felony division.

The state’s attorney also credited Will County Sheriff Paul Kaupas and his detectives for diligently pursuing this case. Their work led to the arrest of Joseph Gonzalez, 26, of Joliet, in July 2005. Gonzalez was with Quintero when he shot Darnell Washington.

Gonzalez also was a key witness at Quintero’s trial. He testified he was in the back seat of the sport utility vehicle that Darnell Washington was driving. Quintero was in the passenger seat and asked Washington to pull over on Farrell Road so he could urinate. After he stepped outside, Quintero reached through the passenger window and opened fire on Darnell Washington.

Because Gonzalez was the accomplice and less culpable and because his testimony was a critical piece of evidence in the case against Quintero, prosecutors allowed him to plead guilty in April 2006 to aggravated discharge of a firearm. He currently is serving a 15-year sentence in the Shawnee Correctional Center.

Drew Peterson’s FOID card revoked

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February 27

The Will County State’s Attorney’s Office announces that it received confirmation from the Illinois Department of State Police on Wednesday that it has revoked the Firearm Owner’s Identification Card of Drew W. Peterson.

The Illinois Department of State Police confirmed that the department sent a letter to Mr. Peterson on Wednesday informing him of the revocation. Mr. Peterson’s attorney also has been notified.

Will County State’s Attorney James Glasgow on Tuesday sent a letter to State Police Director Larry G. Trent requesting that his department exercise its authority under 430 Illinois Compiled Statutes 65/8 to revoke Mr. Peterson’s FOID card. Neither the letter from State’s Attorney Glasgow nor the Illinois Department of State Police will be released.

Joliet man convicted of murdering toddler

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February 25

JOLIET – Will County State’s Attorney James Glasgow announced that a jury on Monday found a Joliet man guilty of first-degree murder for the beating death of his girlfriend’s 17-month-old son.

Robert Johnson, 36, struck Trayvon Joseph multiple times about the body while the boy’s mother was out of her house running errands on March 18, 2002. The mother called 911 the following morning after discovering that her child was unresponsive and not breathing.

Trayvon was pronounced dead later that day at Silver Cross Hospital. An autopsy revealed that his bowel had been perforated and that his stomach artery had been torn during the beating. Trayvon also suffered a skull fracture and a collar bone fracture, and he had bruises over much of his body, including 14 circular bruises on his stomach that were consistent with closed-fist punches.

“Robert Johnson is a diabolical monster who brutally beat the life out of this innocent baby,” State’s Attorney Glasgow said. “This little boy had no choice but to rely on a vile beast to keep him safe while his mother was gone. Instead of protecting Trayvon, Johnson savagely attacked this defenseless child, striking him repeatedly with blows that proved deadly in the end.”

A nurse and a deputy coroner testified during the trial that they heard Johnson apologize to the dead boy at the hospital, saying: “I’m sorry I did it.” Prosecutors also presented as evidence during the five-day trial a letter Johnson sent to his girlfriend stating that he didn’t hit Trayvon that hard.

The jury deliberated for three hours before returning a guilty verdict. Johnson faces up to 100 years in prison when he is sentenced by Circuit Judge Carla Alessio Policandriotes. A sentencing date has yet to be scheduled. However, a court date to deal with post-trial motions has been scheduled for March 28.

Glasgow praised Joliet Detective Sgt. Bruce Larson and Detective Rich Klepfer for their thorough investigation, and his prosecutors, Assistant State’s Attorneys Tina Brault, Dede Osterberger and Jessica Colon-Sayre, for their skillful trial work.

“These fine detectives and prosecutors have placed a cruel bully behind bars for what will essentially be the rest of his life,” Glasgow said.

Pathologist declares Kathleen Savio’s death a homicide

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February 21

JOLIET – Will County State’s Attorney James Glasgow announced today that his office has received the final report on the autopsy performed on the remains of Kathleen S. Savio on Nov. 13, 2007.

Dr. Larry W. Blum, the forensic pathologist who performed the autopsy, concludes in his report that the actual cause of Kathleen Savio’s death was drowning and that the legal manner of death was homicide. Dr. Blum’s report was delivered to the Will County Coroner’s Office on Thursday, Feb. 21, 2008 and immediately forwarded to the Will County State’s Attorney’s Office and the Illinois State Police.

“Dr. Blum’s forensic report renders his expert opinion that this is a homicide,” State’s Attorney Glasgow said. “We have been investigating this as a murder since reopening the case in November of last year. We now have a scientific basis to formally and publicly classify it as such.”

The complete autopsy report is a component of the investigation into the March 1, 2004 death of Kathleen Savio and will not be released. However, the Will County State’s Attorney’s Office and the Illinois State Police are releasing the following quote from the conclusion in Dr. Blum’s report:

“It is my opinion based on my education, training, experience and personal observations, and to a reasonable degree of medical and scientific certainty, compelling evidence exists to support the conclusions that the cause of death of Kathleen S. Savio was drowning and further, that the manner of death was homicide.”

This was the second autopsy performed on Kathleen Savio’s remains. The first was performed shortly after her death in March 2004. Her body was exhumed on the morning of Nov. 13, 2007, and Dr. Blum performed the second autopsy that afternoon.

In his report, Dr. Blum notes that he reviewed photos taken from the scene at the time of Kathleen Savio’s death as well as reports of the initial scene investigation. He also carefully examined the physical location of Kathleen Savio’s death on Nov. 20, 2007 as part of his investigation.

His report includes the results of microscopic examinations and toxicological tests conducted on postmortem tissue specimens. The specimens examined by Dr. Blum were collected during the first autopsy on March 2, 2004, the second autopsy performed by Dr. Blum on Nov. 13, 2007, and a third autopsy performed by Dr. Michael Baden on behalf of Kathleen Savio’s family on Nov. 16, 2007.

The results of those examinations and tests are part of the investigation and are not being disclosed at this time.

The Illinois State Police are investigating the murder of Kathleen Savio as well as the disappearance of Stacy Peterson. Kathleen Savio’s murder and Stacy Peterson’s disappearance are simultaneously being investigated by a Special Grand Jury that was convened in November 2007.

State’s Attorney Glasgow joins bipartisan effort to advance bill aimed at preventing predator access to social networking sites

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February 14

PLAINFIELD – Will County State’s Attorney James Glasgow joined House Republican Leader Tom Cross and Democratic State Senator A.J. Wilhelmi in a bipartisan effort to advance new legislation that will prevent predators from gaining access to social networking sites on the Internet and strengthen laws against child pornography.

The legislative packaged was announced Feb. 11 during a press conference at the Plainfield Public Library.

“I have made it my goal to educate young people and their parents about the dangers of posting personal information on Web sites like MySpace.com. Prosecutors and detectives from my Computer Crimes Unit have been presenting my concerns about these social networking sites to school groups and community organizations across the county,” State’s Attorney Glasgow said. “While education is critical, we also must enact laws that give police and prosecutors the tools they need to track down Internet predators and bring them to justice. I look forward to working with Rep. Cross and Senator Wilhelmi on advancing legislation that gives us those tools.”

The proposed legislation would:

  • Ban sex offenders from social networking sites.
  • Enhance child pornography offenses to a Super-Class X felony (9 to 40 years in prison) for multiple images and increasing penalties for child pornography films and videos.
  • Make it a Class X, 1 or 2 felony for an offender to misrepresent his or her age in juvenile solicitation cases.
  • Strengthen current laws under the title of indecent solicitation of an adult to include crimes committed through the Internet.  

Another provision would require electronic and technology employees to report any cases of child pornography to local law enforcement agencies. Any employee that reports child pornography will then be immune from any criminal, civil, or administrative liability in connection with making the report.

Senator Wilhelmi said: “Predators are keeping up with new technology and finding ways to use it to their advantage.  It is important that we as lawmakers keep up with the new technology as well and continue to look for new ways to help law enforcement protect our families. I look forward to helping advance these initiatives in the Senate.”

It is difficult for a young person using these Web sites to know whether the person they are chatting with is really who they say they are. Last July, MySpace found and deleted 29,000 profiles belonging to registered sex offenders – including 1,500 registered sex offenders from Illinois.