Prosecutors won't seek death penalty in Bartlett murder

The client of a retired lawyer will not face the death penalty if he is convicted of suffocating the elderly man while burglarizing his home near Bartlett, prosecutors said Monday.

Robert Berlin, the DuPage County criminal prosecutions chief, formally announced the decision during an otherwise routine court hearing for Terry S. Bratcher, 44, of West Chicago.

Bratcher is accused of first-degree murder, home invasion, armed robbery and residential burglary. A co-defendant, Keith L. Allen, 22, of Chicago, is facing similar charges. Both men face up to a life prison term if convicted.

Last Aug. 21, police found an unresponsive Carl W. Kuhn, 82, lying face down on a bed in his home on the 29W400 block of Schick Road near Bartlett.

It was Bratcher, with his mother, who called 911. Police quickly focused on the man, who had grown close with Kuhn through the years. Bratcher's ex-wife once worked for Kuhn. Kuhn also represented Bratcher in different legal matters.

Prosecutors said Bratcher concocted a plan to rob Kuhn. After the victim let Bratcher into his home earlier that evening, the defendant called Allen - who is accused of lying in wait outside, armed with a gun.

Bratcher is charged with suffocating Kuhn with a cushion after the men overpowered him. Prosecutors said both men later provided videotaped conversations and Bratcher re-enacted the slaying.

Police said they recovered about 40 guns in Bratcher's garage that belonged to Kuhn.

Bratcher is being held without bail in jail. Allen's bond is $3 million.

Carl Kuhn, a gun-rights activist, practiced law for 50 years. He was a longtime fixture in DuPage County, with a Glen Ellyn law office.