Chester Weger’s lawyers trying to vacate his conviction

Lawyers for Chester Weger, the now-paroled Starved Rock murderer, say they are working on a motion to vacate his conviction.

A motion was not on file as of Thursday in La Salle County Circuit Court, but Weger’s legal team hinted that it’s coming.

Chicago attorneys Andy Hale and Celeste Stack, in a press release, said Weger’s arrest and conviction were “based on tactics that are now banned by the U.S. Supreme Court: Weger did not receive Miranda warnings, he was arrested without probable cause and denied exculpatory evidence.”

La Salle County state’s attorney Karen Donnelly said she’s been apprised a motion is forthcoming and, based on her knowledge of the case, believes there’s no merit for vacating Weger’s conviction.

“With regard to the motion, there is no legal basis to set aside this conviction,” Donnelly said. “I opposed Weger's parole in part because he has never shown remorse, and this maneuver just proves my point.

“He confessed to killing three innocent women,” Donnelly said. “He was found guilty beyond a reasonable doubt by a jury of his peers. Most importantly, the Illinois Supreme Court carefully considered and rejected all of his arguments, including the argument his confession was coerced. I will oppose with all my resources any attempt to vacate this conviction.”

Weger, 81, was charged with the murders of three women in 1960 and convicted the following year of killing Lillian Oetting. He also confessed to, but not convicted of, killing Oetting’s companions Mildred Lindquist and Frances Murphy. He was sentenced to life in prison.

Weger spent the next six decades protesting his innocence – he long ago recanted the confession – and arguing for parole. He finally succeeded last fall when the Illinois Prisoner Preview Board voted 9-4 in favor of release. He was released in February.

Most of his arguments for vacating the conviction had been raised and rejected either in post-trial motions or on appeal. The Miranda warning, for example, wasn’t available to Weger because the landmark U.S. Supreme Court case establishing that right (Miranda vs. Arizona) wasn’t decided until 1966.

Virtually all those attached to the case are dead now, but in past interviews investigators and prosecutors have said the evidence against Weger was stronger than present-day advocates have portrayed it.

The late Tony Raccuglia, who prosecuted Weger, vehemently denied Weger’s allegation that the confession was obtained through brutality. Raccuglia further stated the murders were committed in a botched sex assault – Weger had said he tried to rob the women – which was consistent with Weger’s criminal history.