Judge denies a part of Chester Weger’s bid for exoneration in Starved Rock murders, but more to be considered

Chester Weger may learn Nov. 22 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 with his attorney Andy Hale for a scheduled status hearing.

Judge Michael C. Jansz ruled on constitutional considerations in the case Wednesday, denying or waiving each exception, but said he needed additional time to consider Weger’s innocence claims. These constitutional items were in regard to whether Weger received a fair trial or proceeding through the justice system.

Earlier this year, the special prosecutor in the case filed a 78-page pleading saying Weger was guilty of murder and Weger’s claims of innocence were heard and rejected, asking that Weger’s current bid in front of the court be dismissed. Weger’s lawyers responded with a lengthy pleading, saying there’s new evidence to prove Weger’s innocence.

Jansz said Weger’s constitutional claims included Fourth Amendment violations (due process, search and seizure), Fifth and Sixth Amendment violations (right to remain silent, right to counsel), and 14th Amendment violations (the state held onto and impounded evidence), as well as claims of ineffective assistance of counsel.

Jansz went through each of the constitutional claims in the 20-page document, which he provided to each attorney and paraphrased for the court. The judge either found the constitutional claims could have been raised on appeal and the claim was waived or was not applicable, and the claim was denied.

After the hearing, Hale said he wanted to make clear that the constitutional claims are important, but the lawyer knew there were potential waiver issues because of the long record.

“I’ve always focused on innocence,” he said. “Even if we won on the Constitution claims, it doesn’t mean he’s innocent, it just means that he didn’t have a fair trial. Our goal is to prove his innocence.”

Hale said he was hoping to hear a ruling on innocence Wednesday, but he remains optimistic in the future results of the case. Weger, who served six decades in prison for one of the 1960 murders, wants another day in court. He is looking to hear from the judge on whether he can continue his bid in court for innocence.

“I’m hopeful at that time,” he said. “I think we’ve proven the case. I think we’ve submitted an abundance of new evidence that potentially would change the trial results.”

Among the new 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.

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

Weger is scheduled for his next status hearing at 1:30 p.m. Friday, Nov. 22.