Chester Weger wants a lab to analyze additional hairs from the Starved Rock murders. A judge could decide April 19 whether that evidence will undergo fresh tests.
Weger, who turns 84 next month, appeared Friday in La Salle County Circuit Court in his ongoing effort to overturn his murder conviction. He was sentenced to life in prison for the 1960 murder of Lillian Oetting, who was found bludgeoned to death along with two companions in the state park. He was paroled in 2019.
On Friday, his lawyers said they plan to file a motion next week seeking the OK to send some hairs retrieved from Oetting to a lab for DNA analysis. Scientists retained by the defense would first use microscopes to determine whether any of the strands are good candidates for DNA extraction and analysis.
La Salle County Judge Michael C. Jansz set a briefing schedule and then a hearing for oral arguments at 2:30 p.m. Wednesday, April 19.
Actually, Jansz has another motion to address, but this one may or may not be settled April 19. That involves whether to give Weger another hearing on post-conviction motions.
Under the law, a convict usually gets one chance to argue for new trial – just one bite at the proverbial apple – and Weger had such a hearing in 1967.
Weger’s lawyers think he deserves another try. The crux of their argument is recent DNA results cast additional doubt about the case against Weger. Such testing wasn’t available when Weger first applied for post-conviction relief, giving him the right to another hearing.
“The new, conclusive evidence presented, combined with the governing principles set forth [earlier in his motion], demand that [Weger’s] claims be further explored,” wrote Weger’s lawyers, Andy Hale and Celeste Stack.
Jansz told Weger’s legal team that he received a thick binder of pleadings and attachments (the motion alone is 85 pages) and needs time to study it. A hearing date is pending.
Meanwhile, Jansz disclosed that he received materials from author Steve Stout that were turned over to the La Salle County Sheriff’s Office for safekeeping.
Some of the materials, that is. Jansz said Stout delivered an unorganized batch of materials in a plastic container. Jansz found “18 or 19″ documents worth saving such as statements, evidentiary summaries and a map that was marked up.
Jansz said the jumble included materials that weren’t pertinent to the case as well as news clippings that are publicly available. These, he said, would be returned to Stout.
Jansz cautioned the lawyers that some of the documents are “very fragile.”
“Some of the papers are going to fall apart if you do too much to them,” he said.