Former Chicago cop ‘fit’ for trial in wife’s death

A jury ruled Tuesday that a former Chicago police officer is fit to stand trial for the alleged murder of his wife.

That means Lorin Volberding, 73, will stand trial for allegedly shooting and killing Elizabeth Volberding on Feb. 3, 2017, her 68th birthday.

When police arrived at the couple’s Spring Grove home, they found Elizabeth Volberding dead on the kitchen floor with an apparent bullet wound. Lorin Volberding was lying nearby.

During testimony in the civil proceeding to determine Volberding’s mental fitness, two experts agreed he likely has spotty memory of the event itself but differed on his fitness.

Dr. Robert Meyer, a psychologist, the state’s expert, said that when he first met Volberding about a week after the alleged murder, he had trouble keeping focus and making conversation. Meyer described him as looking “quite disheveled,” “extremely tearful,” “shaking, trembling.”

He appeared to have “partial memories” of what occurred that night. Meyer did not believe he was malingering or faking memory loss, he said.

However, Meyer said he believed Volberding had “cognitive understanding” of the charges against him, the way the court system worked, and deemed him fit for trial.

“He showed no indication of delusion or inability to think things through,” Meyer said.

Meyer also said he knew from a police report that Volberding allegedly told police he had argued with his wife and she threw utensils, including a knife, at him. He allegedly told police he took a gun from an armoire and shot her. However, these details did not come out during his evaluation when he claimed no recollection of what happened.

Medical tests showed that Volberding was suffering encephalopathy, a high level of ammonia in his system that could be caused by stroke, liver disease or alcoholism. He said he was “in declining health” and suffered several seizures due to high levels of alcohol.

When tested again in June, Meyer said Volberding – who has been in custody at the McHenry County Jail on $3 million bond since his arrest – “was much improved in appearance.”

Volberding’s emotions were better controlled and he communicated clearly, due to being in a controlled environment, not drinking alcohol, taking proper medications, sleeping and eating better, Meyer said.

On cross-examination Volberding’s defense attorney Henry Sugden noted that weeks prior to the alleged murder Volberding had been seen by a doctor who said he had “toxic” levels of ammonia in his system due to alcoholism. The doctor said this could cause stroke, personality disorder and memory lose and ordered that all guns be removed from Volberding’s home.

Dr. Joshua Barras, a neuropsychologist, testified for the defense and agreed he had been suffering with encephalopathy in the weeks before and after the alleged murder. He said such brain damage makes the brain unable to store memory. He believed Volberding had no recollection of what led to his wife’s death, therefore is unable to participate in his defense and unfit for trial.

In closing statements, Combs said someone does not “get to drink yourself into oblivion and commit murder ... get black-out drunk” then claim they don’t remember anything, and never stand trial.

“He is educated, sophisticated enough to understand charges against him and he is perfectly able to communicate with his lawyer,” he said.

Sugden noted the expert testimony on the high levels of ammonia and said both doctors agreed he had failed memory around the time of the alleged crime.

“We are not here saying he is crazy, we are not here saying he is incoherent ... we are saying he can’t assist me because of a blackout around the time of the crime.”

Before deliberations, Judge Michael Coppedge explained that a person’s “inability” to recall details of an incident does not make one unfit to stand trial.

A status date to set trial was set for Sept. 19.