Mistrial granted in case against man accused of harassing Will County state’s attorney, staff

The case against a man accused of harassing the Will County state’s attorney and his staff ended in a mistrial this week.

On Wednesday, Judge Sherri Hale had granted a defense motion for a mistrial after both parties in the case delivered closing arguments in the trial for Richard Gabrys Jr., 63, according to court records.

Last year, Gabrys was charged in the misdemeanor case with calling the state’s attorney’s office with intent to abuse or harass Will County State’s Attorney James Glasgow and his receptionists.

Richard Waller, one of Gabrys’ attorneys, said Special Prosecutor William Elward had played an audio recording during closing arguments that had not been introduced as evidence in the case.

Waller said they motioned for a mistrial, which was granted by the judge.

“Ultimately, it was our position that numerous prejudicial mistakes were made against Mr. Gabrys,” Waller said.

A call and message to Elward was not immediately returned Friday.

Gabrys’ case is scheduled for a status hearing June 6 and a potential second jury trial July 14.

Waller said there is the Fifth Amendment right against being tried twice for the same offense. He said there will be a motion raised on whether Gabrys should have a second trial.

In a motion filed Tuesday, Elward said Gabrys was charged with harassment by telephone and harassment through electronic communication.

Elward accused Gabrys of calling the state’s attorney’s office and screaming at a receptionist that she was an “ugly [expletive]” after she calmly told him he needed to stop calling the office.

Elward alleged that Gabrys had called the state’s attorney’s office again and screamed profanities at a receptionist.

At a previous pretrial hearing, Gabrys’ attorneys motioned for a dismissal of the case.

The attorneys argued that there was no allegation of Gabrys making a true threat and that his communication with the state’s attorney’s office is protected under the First Amendment.

Hale ultimately sided with Elward by denying Gabrys’ attorneys’ motion to dismiss. She said lawmakers have a right to regulate conduct, and Gabrys’ case involved his conduct, not his speech.