A DuPage County judge declined Wednesday to dismiss charges against the ex-boyfriend of a Darien woman whose parents and brother were killed as the former couple sparred over custody of their son.
Attorneys for Johnny Borizov argued prosecutors lack enough evidence to charge the 28-year-old Willow Springs man with the March 2 murders.
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Circuit Judge Daniel Guerin said the defense motion was premature and could be better addressed if Borizov requests a preliminary hearing or after he is formally indicted - which may happen as early as next week.
Guerin also barred Borizov from having contact with Angela Kramer, their infant son, Nicholas, or other members of her family.
Borizov and his friend, Jacob Nodarse, 23, of Countryside, are being held without bond on murder and conspiracy charges. Prosecutors said Nodarse fatally shot Jeff and Lori Kramer, along with their youngest child, Michael, 20, after breaking into their home.
Nodarse admitted being the triggerman, prosecutors said, and accused Borizov of authoring the murderous plan to exact revenge on Angela, who escaped death by hiding in an upstairs closet while calling 911.
Kramer is seeking sole custody of their son and to block the father's visitation rights, citing the murder charges. In response, Borizov's attorneys filed subpoenas to interview several police officers, as well as gain access to Angela Kramer's cellular phone records and Nodarse's personnel file at a Naperville BMW dealership where he worked.
Borizov's attorneys, Marc Wolfe and Natalie Stec, said authorities are prosecuting an innocent man based solely on the words of Nodarse, whom the defense described as mentally unstable. In another motion, Wolfe accused authorities of violating the law in directing unnamed witnesses not to speak to anyone other than law enforcement.
Prosecutor Joseph Ruggiero said authorities never gave such marching orders. As for the law enforcement subpoenas, prosecutors said the defense does not have a right to such discovery until the grand jury investigation is complete. An April 12 hearing date has been set.
Borizov was gambling at Joliet's Empress riverboat during the slayings. His alibi is supported by video surveillance footage and credit card receipts. Still, authorities suspect he instigated the killings. They said Nodarse called Borizov on a prepaid cellular phone after the killings. Also, Borizov is accused of making incriminating statements to Nodarse as the two were in nearby cells at the Darien police station. Police recorded the statements, but they declined to make public what was said.
Neither man has a violent criminal history. Borizov also is charged with murder solicitation, though prosecutors have not alleged any money was exchanged. They are due back in court Monday.