Judge won't toss drug case over lost drug wrappers

JOLIET – A judge decided Monday not to toss out a nine-year-old drug case against a Naperville man.

But attorneys for Michael Vilim, 56, can tell jurors that the state has "lost" wrappers that contained the 17 kilos of cocaine allegedly found in Vilim's home.

"There has been [an evidence] violation by the state," Judge Edward Burmila said. "Suppression of the evidence in the wrappers is not the appropriate sanction (nor is) dismissing the indictment."

"But (losing the wrappers) could be a negative inference in the state's case," Burmila said, allowing the loss to be brought up to jurors before they are sent to deliberate.

In September 2006, the Metropolitan Area Narcotics Squad allegedly found the drugs inside Vilim's Naperville home. Vilim’s then-wife was having a sexual relationship with a MANS agent, according to court records.

Burmila denied a motion by the defense to instruct jurors to consider Agent Wilfredo Rivera, who had a relationship with Sue Vilim, handled the evidence.

The Illinois Attorney General’s office took over the case shortly after Vilim ’s arrest, but gave it back to local prosecutors last year. An assistant attorney general allegedly saw Vilim, whose license is suspended, driving to court and notified police.

Since their prosecutor could be called as a witness, the attorney general’s office chose to assign the drug case back to the Will County State’s Attorney’s Office.

Another hearing will be held next week to see if Burmila will allow Attorney Chuck Bretz to withdraw from the case.