Kane judge decides St. Charles businessman fit for trial

A Kane County judge decided that a St. Charles businessman was in good enough physical shape to withstand a trial and denied a defense motion Monday to delay it.

Robert Gutierrez, 74, was charged with felony theft by deception in 2023 of more than $100,000 as part of an alleged kickback scheme with the late Circuit Clerk Thomas Hartwell. The case against Hartwell ended with his suicide.

Last week, his attorney Liam Dixon asked for a delay due to Gutierrez’s ill health and gave Circuit Judge John Barsanti a stack of papers detailing his client’s medical history, including being in constant pain from Agent Orange exposure in Vietnam.

Dixon sought either a delay or to allow his client to participate via Zoom.

“I don’t doubt he has some serious physical issues,” Barsanti said. “I am not finding that he is unable to assist in his defense.”

Barsanti said he would need an expert opinion that Gutierrez could not withstand a trial physically or not be able to assist in his defense.

Gutierrez, who came into court with the assistance of a walker that had a seat, signed a waiver that he would no longer seek a jury trial, but a bench trial.

Barsanti asked him if he had taken all his medication before coming to court.

“I took half as much to be somewhat coherent,” Gutierrez replied.

“Allowing you to understand the proceedings?” Barsanti asked.

“Yes,” Gutierrez said.

Barsanti asked if he understood that a bench trial meant it would be in front of the judge and not a jury; Gutierrez said he did.

The case will resume Wednesday with the trial scheduled for April 7.