A judge ruled a defense expert can claim at an upcoming Joliet Township murder trial that a woman’s death was caused by a self-inflicted gunshot wound.
However, Judge Vincent Cornelius ruled that defense expert Arthur Borchers cannot claim Kaitlyn Kearns, 24, died by suicide.
On Wednesday, Cornelius partially denied a motion from Will County Assistant State’s Attorney Steven Platek to bar Borchers from testifying in the case against Jeremy Boshears, 36, of Coal City.
Boshears has been charged with killing Kearns in 2017. He’s scheduled for jury trial on Oct. 25.
Platek argued Borchers’ conclusion that Kearns’ gunshot wound was self-inflicted “goes far beyond his expertise in forensic reconstruction and has no basis.”
Boshears’ attorney Chuck Bretz said Platek’s motion was “an extreme one” and argued it was unnecessary since prosecutors’ own expert, Matthew Nodel, “apparently has the ability to formulate an opinion that homicide and suicide are equally plausible answers.”
Cornelius said prosecutors have the burden of proving Kearns’ death was a murder and that Borchers’ testimony will aid the jury in reaching its conclusion.
Bretz said after Wednesday’s court hearing that the rules of evidence allow for expert testimony in cases where there are issues beyond the knowledge of an average juror.
He said Kearns’ death was a tragedy but it was “not a scenario” where it was caused by Boshears.
Will County State’s Attorney spokeswoman Carole Cheney declined to comment on Cornelius’ ruling.
Boshears has been in jail since Nov. 18, 2017, after he was charged with first-degree murder and concealment of a homicide in connection with Kearns’ death, which was investigated by the Will County Sheriff’s Office.
Kearns was reported missing on Nov. 14, 2017, and she was last seen at Woody’s Bar in Joliet Township, where she worked. Her body was later found in the back of her 1996 Grand Cherokee, which was parked inside of a pole barn in Kankakee County, according to the Will County Sheriff’s Office.
Boshears’ attorneys have publicly theorized since 2018 that Kearns died by suicide.
Will County Deputy Chief Dan Jungles rejected the idea that Kearns died by suicide. He questioned how Kearns’ death could be suicide if her body was disposed of in another county and why the crime scene was covered up.
“It doesn’t make sense to me why someone could come up with that theory,” Jungles said.