La Salle murder case (almost) ready for trial

A La Salle man accused of smothering his baby still doesn’t have a new trial date, but his lawyer said Friday they’re only a week away from putting it on the docket.

Kenneth Herbst, 24, appeared Friday in La Salle County Circuit Court for a status hearing on his pending case for first-degree murder. He faces 20-60 years in prison if convicted of killing his infant son last year.

His trial has been on hold due to the coronavirus pandemic, but public defender Tim Cappellini said Friday in open court a needed defense expert has become available and is nearing a point of committing to travel.

“We should be able to set something in concrete,” Cappellini told the judge.

Chief Judge H. Chris Ryan Jr. ordered Herbst to return Thursday, July 2, for a status hearing.

When Herbst will actually stand trial remains to be seen, but there were other signs Friday the courts are moving into higher gear as the pandemic eases.

Ryan and the county’s other felony judge, Cynthia M. Raccuglia, issued more than 10 warrants combined for defendants who were scheduled for Friday court appearances but failed to show.

That’s a marked change from recent weeks when judges, attorneys and court staff either turned a blind eye to skipped court dates or let people be self-policing as to whether they risked infecting others. That the judges now are issuing bench warrants means the courts are reverting to tighter schedules with an eye on taking cases to trial later this summer.

And while no cases are set for trial Monday – the week ending with Independence Day is closed to jury trials in La Salle County – prosecutors said trials proceeding the first full week of July could not be ruled out.