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|Sheley's Attorneys Want Special Prosecutor
|ORIGINALLY POSTED 5:49am 7/13/10 The local attorneys for accused spree killer Nicholas Sheley say a recent order in their favor makes it necessary for a special prosecutor to be appointed in the case.
Documents were filed Monday in Knox County Circuit Court by defense attorney Jeremy Karlin asking for the special prosecutor.
Karlin cites an order signed last month by Judge James Stewart that allows the defense to seek certain testing or services on an "ex parte" basis -- meaning, without prosecutors being present -- and also allows the Department of Corrections to transport Sheley for that testing without telling prosecutors.
But Karlin claims while the order means his side doesn't have to disclose parts of their case prematurely, the filing says "A party to these orders has failed to comply with the terms of these orders."
Karlin doesn't specify in the filing who's at fault -- just that a special prosecutor is needed to help enforce ex parte matters in the future.
But he's now also asking the judge to dismiss the entire 17 count indictment against Sheley, accusing him of bludgeoning to death 65-year old Ronald Randall among other things over two-years ago now -- part of a suspected two-state killing spree, and to strike a notice of intent to seek the death penalty.
The Illinois Attorney General's office has aided the Knox County State's Attorney in trying the case, but Karlin says appointing a special prosecutor means Sheley's right to a fair trial will be maintained.
Sheley is currently serving a prison sentence for starting a fight with employees of the Knox County Jail last year. It's not known when this new motion will be heard.
In the meantime, several media outlets including WGIL have until Monday to respond to yet another subpoena in the case asking for documentation of their coverage of the case.
(Nicholas Sheley. WGIL News File Photo from Illinois Department of Corrections.)
|07 13 10 by Newsroom
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