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Chester Weger awaits June 20 ruling on getting new special prosecutor

Push for new evidence testing on hold until issue settled

By Tom Collins
Chester Weger exits the La Salle County courthouse after a hearing before Judge Michael C. Jansz on Friday, Feb. 24, 2023 in Ottawa.

He'll have to wait until June before learning whether more evidence from the Starved Rock murders goes back to the crime lab. Chester Weger, seen her exiting the La Salle County courthouse after a previous hearing on Friday, Feb. 24, 2023. Weger's lawyers want a new special prosector and that, his judge said, must be settled before the evidentiary issue is resolved. (Scott Anderson)

Chester Weger was hoping to get a ruling Wednesday on whether more of the aged evidence from the Starved Rock murders can go back to the crime lab. Instead, that issue is on hold.

La Salle County Judge Michael C. Jansz said he must first decide whether the special prosecutor, the Will County State’s Attorney’s Office, will stay in the case. That will be decided June 20.

Weger, 84, appeared 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.

He was hoping to get more of crime-scene evidence submitted for fresh testing. Tuesday, however, one of Weger’s lawyers filed a motion for substitution of special prosecutor.

Chester Weger's attorney Andy Hale speaks inside the courtroom at the La Salle County Government Complex on Monday, Aug. 1, 2022 in Ottawa.

Chester Weger's attorney Andy Hale speaks inside the courtroom at the La Salle County Government Complex on Monday, Aug. 1, 2022 in Ottawa. (Scott Anderson)

Andy Hale doesn’t think Weger has been getting a fair shake from the Will County State’s Attorney’s Office. In the 116-page brief, Hale alleges Will County “attempted to thwart [Weger’s] forensic testing of evidence from the crime scene by misrepresenting the state of that evidence and objecting to [Weger’s] motion for forensic testing.”

Hale wants Jansz to install a new special prosecutor. Wednesday, however, Hale asked Jansz to rule first on what can go to crime lab before settling the new motion on special prosecutor.

“We were hoping that motion [for forensic testing] can be heard and resolved [Wednesday],” Hale said.

Jansz, however, said he could not and rule on the evidentiary dispute until he fleshes out whether the Will County prosecutors stay in the case.

“I honestly think we need to have some certainty has who the prosecutor is,” Jansz said.

The Will County State’s Attorney’s Office has until May 26 to answer Hale’s motion seeking a change in special prosecutor. Hale asked for a week to reply to whatever they file. Jansz then will hear and potentially decide the motion on Tuesday, June 20.

Weger confessed to the killings but recanted and has spent the past six decades trying to throw out his conviction. Recently, attorneys have asked for fresh testing of the 1960 evidence, arguing that scientific advances have made it possible to get results that once were unobtainable.