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|Judge OK's Transporting of Sheley for Defense Tests
|POSTED 12:21pm 6/11/10 An accused spree killer will be allowed to be transported for whatever tests his attorneys want to have done.
Judge James Stewart, presiding over the Knox County case against accused murderer Nicholas Sheley, signed an order Friday allowing Sheley to be tested and transported without the knowledge of the prosecution.
Defense attorney Jeremy Karlin argued the practice, known as ex-parte, is Sheley's constitutional right and allows for a fair trial. Judge Stewart agreed and signed the order without any opposition from the state's attorney's office.
Only the Department of Corrections objected to the order, arguing security and cost issues, though no one was present at the hearings to represent the department.
Judge Stewart said if the defendant had the resources to hire experts for testing on his own, the defense would not have to notify the prosecution. He said that should not change simply because Sheley's defense is paid for by the state.
Expenses for the testing and the date and location of the transportation will be closed, meaning they will not be available to the media. Judge Stewart said he felt confident in signing the order and if it is contested in the Supreme Court by the DOC, he doesn't foresee that hurting the defense or prosecution.
Karlin also filed a motion Friday to extend the deadline for the discovery period, saying the defense needs more time to build an argument. A hearing on the motion is scheduled for next Friday.
Sheley faces a dozen-and-a-half murder and other felony charges in connection to the death of 65-year old Ronald Randall almost two years ago.
(Nicholas Sheley. WGIL News File Photo from the Illinois Department of Corrections.)
|06 11 10 by Newsroom
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