Saturday, April 13, 2024

Chester Weger: Illinois: (Starved Rock murder case): Bulletin: He will learn whether he can continue with his years-long DNA-based bid for exoneration on July 1, Shaw Local News (Reporter Tom Collins) reports…"Weger, 85, appeared Wednesday in La Salle County Circuit Court in hopes of continuing his exoneration bid – a successive post-conviction petition, in legal parlance. The special prosecutor argued that Weger’s bid should be dismissed. Weger, who served six decades in prison for one of the 1960 murders, wants another day in court. La Salle County Judge Michael C. Jansz will take several weeks to think it over – and couldn’t guarantee that he’d be done by the status hearing he scheduled. “I don’t want to leave any false impressions of how fast I can do this,” Jansz said."…Griffin said that at this stage of a successive post-conviction petition, Weger has to make a “substantial showing” of proof that he’s innocent, yet the evidence “doesn’t fit together,” and there are admissibility problems. Weger’s attorney Andy Hale disputed that characterization. He said the evidence presented “is incredibly consistent” in supporting their case that Weger is innocent. “We don’t have to solve the murder,” Hale said. “We don’t have to figure out who did it. We’re pretty darn close. It’s amazing what we’ve come up with. We just have to show Chester Weger is most likely innocent.”


BACKGROUND: Wikipedia: "On March 14 1960, three women, Frances Murphy (47), Mildred Lindquist (50), and Lillian Oetting (50), wives of prominent Chicago businessmen, took a four-day trip to Starved Rock State Park in LaSalle County, Illinois, along the banks of the Illinois River. They arrived from the Chicago suburb of Riverside, about 90 miles northeast of the park.[2][7] On Monday March 14, after checking into the Starved Rock Lodge, the three took an afternoon hike to St. Louis Canyon, but never returned. Their disappearances went unnoticed by lodge employees, despite repeated attempts to reach them by family members. On March 15 a snow storm dumped nearly a foot of snow over the area. This would hamper the investigation. Then on Wednesday March 16, Robert Murphy, the husband of one of the women, phoned the lodge to inquire about his wife. A check of the rooms revealed the suitcases were still packed and the beds not slept in. Police organized a search of the park which led to the discovery of the women's bodies, bound with twine and partially disrobed, inside a cave in the canyon. All three suffered severe head trauma and a blood stained tree limb found nearby was determined to have been used to bludgeon them to death.[2][7] Weger, a dishwasher at the Starved Rock Lodge, was among those interviewed by Illinois State Police in the aftermath of the discovery. Several employees of the lodge later testified in court that he showed up to work the day after the women's disappearances with scratches on his face. Weger was questioned extensively in the weeks following the murders and was administered six lie detector tests, which he passed. However, investigators continued to pursue him owing to his past brushes with the law. He fit the description of an assailant who bound a teenage boy and girl with twine and then raped her at nearby Matthiessen State Park in September 1959, and was later identified by the girl in a photo line-up. The twine used to bind the murder victims was presented as the same found in the kitchen at the lodge, and he failed a lie detector test given to him in September. Based on this, investigators put him on nonstop surveillance.[2][9][10] On November 16, the LaSalle County state's attorney ordered Weger brought in for further questioning. After lengthy interrogation, he confessed to the murders the next day and led police in a reenactment at the crime scene.[11] However, just days later, after he was appointed a public defender, Weger recanted his confession, claiming it was made under duress after being threatened by his interrogators.[12] A grand jury returned indictments against Weger for all three murders, as well as the rape and robbery at Matthiessen State Park, however the state chose to only try him for the murder of Lillian Oetting.[9][13] After calling over 350 veniremen a jury was selected. Weger's trial began on February 13, 1961."

https://en.wikipedia.org/wiki/Chester_Weger

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PASSAGE OF THE DAY: "One of the more hotly disputed pieces of evidence is a hair found on the glove of victim Frances Murphy, which Hale said was linked through genealogy to one of three dead brothers in the Utica area. The hair alone points to a participant other than Weger, Hale said, and the fact that a follicle was attached to the hair suggests it was yanked out during a defensive struggle. Griffin countered that Weger’s legal team has not presented any forensic evidence or expert to support that notion. Jansz had a few questions about the hair, as well. He asked how the hair is exculpatory (that is, proves Weger is innocent) when it came from Murphy, yet Weger was convicted of Lillian Oetting’s murder. “[The prosecution’s] theory is one person did all three,” Hale said. “[Prosecutors] never contended there were more people there. Their theory was, ‘Chester Weger. Chester Weger. Chester Weger.’” And in that context, he said, “It’s either Chester Weger or it’s not.’

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STORY: "Ruling to dismiss Chester Weger’s bid for exoneration in Starved Rock murders case set July 1," by Shaw Local News  Reporter Tom Collins, published on April 11 2024; (Tom Collins holds a bachelor's degree in journalism from Rutgers University and a master's in journalism from the University of Illinois at Urbana-Champaign.) 


SUB-HEADING: "Weger to learn whether he can pursue innocence claim."

GIST: "Chester Weger could learn July 1 whether he can continue trying to overturn his conviction in the Starved Rock murders case.

Weger, 85, appeared Wednesday in La Salle County Circuit Court in hopes of continuing his exoneration bid – a successive post-conviction petition, in legal parlance.

The special prosecutor argued that Weger’s bid should be dismissed. Weger, who served six decades in prison for one of the 1960 murders, wants another day in court.

La Salle County Judge Michael C. Jansz will take several weeks to think it over – and couldn’t guarantee that he’d be done by the status hearing he scheduled.


“I don’t want to leave any false impressions of how fast I can do this,” Jansz said.

Colleen Griffin, one of the special prosecutors from Will County, said Wednesday that Weger’s lawyers have presented evidence that “is so implausible” that it does not comprise a well-pleaded allegation.

“There are so many different theories about what may or may not have happened,” Griffin said. “[They] are so inconsistent with one another that they cannot be well-plead.”

Griffin said that at this stage of a successive post-conviction petition, Weger has to make a “substantial showing” of proof that he’s innocent, yet the evidence “doesn’t fit together,” and there are admissibility problems.Weger’s attorney Andy Hale disputed that characterization. He said the evidence presented “is incredibly consistent” in supporting their case that Weger is innocent.

“We don’t have to solve the murder,” Hale said. “We don’t have to figure out who did it. We’re pretty darn close. It’s amazing what we’ve come up with. We just have to show Chester Weger is most likely innocent.”

One of the more hotly disputed pieces of evidence is a hair found on the glove of victim Frances Murphy, which Hale said was linked through genealogy to one of three dead brothers in the Utica area.

The hair alone points to a participant other than Weger, Hale said, and the fact that a follicle was attached to the hair suggests it was yanked out during a defensive struggle.

Griffin countered that Weger’s legal team has not presented any forensic evidence or expert to support that notion.


Jansz had a few questions about the hair, as well. He asked how the hair is exculpatory (that is, proves Weger is innocent) when it came from Murphy, yet Weger was convicted of Lillian Oetting’s murder.

“[The prosecution’s] theory is one person did all three,” Hale said. “[Prosecutors] never contended there were more people there. Their theory was, ‘Chester Weger. Chester Weger. Chester Weger.’”

And in that context, he said, “It’s either Chester Weger or it’s not.’”

Jansz will have to ponder that argument – but the judge said he had misgivings about how Hale characterized the hair and its owner.

“We’re making a big leap that this individual committed a murder,” the judge said. “I’m a little uncomfortable with the fact you’ve identified the killer without a trial.”

Jansz did rule on two evidentiary issues. He won’t let Weger’s lawyers depose two elderly men with possible knowledge of the case. Jansz also ruled that a wood chip recovered at the crime scene can go to the crime lab, but additional pieces of evidence won’t be analyzed.

Jansz has voluminous pleadings and exhibits to wade through. Earlier this year, the special prosecutor filed a 78-page pleading saying that Weger was, in fact, guilty of murder at Starved Rock State Park and that Weger’s claims of innocence have been heard and rejected before.


Weger’s lawyers hit back last month with a lengthy pleading of their own, arguing that there’s plenty of new evidence to prove Weger innocent.

They said prosecutors had over-relied on Weger’s “illogical” confession, which “was procured using methods that frequently lead to false confessions and that the state knew or should have known was false and the product of coercion.”

The entire story can be read at:

https://www.shawlocal.com/illinois-valley/2024/04/10/ruling-to-dismiss-chester-wegers-bid-for-exoneration-in-starved-rock-murders-case-set-july-1/