A DuPage County assistant state's attorney was appointed as the special prosecutor in attorney Chuck Bretz's drunk driving case.
On Thursday, Will County Chief Judge Richard Schoenstedt approved the appointment of DuPage County Assistant State’s Attorney Michael Paup as the special prosecutor. Bretz’s attorney Neil Patel did not object to the appointment.
The case was then assigned to Judge Ben Braun. Bretz entered a plea of not guilty to charges of driving under the influence and speeding.
Paup will not only prosecute Bretz’s DUI case but also a case where an Illinois State Police officer ticketed him for driving 21 to 25 mph above the speed limit on Nov. 19, court records show.
Bretz was arrested on Valentine’s Day after he was caught driving 55 mph in a 35 mph zone, Lockport police said. An officer approached Bretz and suspected he was under the influence of alcohol after he smelled alcohol on Bretz's breath and saw he had bloodshot, glassy eyes, police said.
The officer asked Bretz to exit his vehicle and take a field sobriety test but he refused to do so, police said.
A hearing was scheduled for March 6 on Patel’s petition to rescind the statutory summary suspension of Bretz’s driver's license.
Patel requested a special prosecutor because of Bretz's personal and professional relationship with members of the Will County State's Attorney's Office.
Patel’s motion argued a prosecutor may feel pressure to secure a conviction "against a prominent defense attorney out of a need for retribution or to impose ridicule."
State’s Attorney James Glasgow also filed a motion for a special prosecutor claiming his prosecution of Bretz “could create the appearance of an impropriety."
“The defendant is a long time Joliet attorney who currently represents several defendants charged with crimes being prosecuted by the Will County State’s Attorney’s Office, including but not limited to several first-degree murder cases,” Glasgow’s motion said.
Patel withdrew his motion after Schoenstedt approved Glasgow's motion.