Kane judge resets hearing on Gutierrez’s fitness for trial

Robert Gutierrez, 74, walked slowly into Courtroom 319 on Friday, taking small steps while pushing a walker with a seat so he could also use it as a chair.

A St. Charles businessman, Gutierrez, was charged with felony theft by deception of more than $100,000 as part of an alleged kickback scheme with the late Circuit Clerk Thomas Hartwell.

His two-day trial is set to begin April 4.

On Wednesday, his attorney Liam Dixon asked for a delay due to Gutierrez’s ill health, saying his client could not sit through a trial.

If his request was denied, Dixon said he would seek to allow his client’s participation via Zoom.

Dixon gave Circuit Judge John Barsanti a stack of his client’s medical records.

Barsanti said he would take time to review the records, and set Friday for a hearing on Gutierrez’s physical condition and ability to withstand a trial.

Gutierrez pushed his walker in front of the judge and sat. Dixon stood to his right, and Assistant State’s Attorney Robert Dore stood on the other side, on Dixon’s right, all set to begin.

Until they weren’t.

“I haven’t been able to look through all the documents I received,” Barsanti said.

The hearing was rescheduled to 1:30 p.m. Monday.

A grand jury indicted Gutierrez April 26, 2023 on seven felony counts of theft by deception of more than $100,000 and two counts of kickbacks to Hartwell of $15,000, records show.