A man accused of masterminding the murders of his ex-girlfriend's family in Darien is seeking contact in jail with their 19-month-old son.
Lawyers for Johnny Borizov filed the civil petition Thursday to force Angela Kramer to allow visitation with the former couple's son, Nicholas, whom the defendant hasn't seen since the March 2 triple slaying.
The 28-year-old Willow Springs man is being held without bond in the DuPage County jail. He maintains Kramer is denying his parents contact with his son, and is seeking visitation to ensure the boy's health and well-being are being protected.
"Johnny does not want to have his son brought to the jail, but there's no other alternative," his attorney Nicholas Kirkeles said. "This is our last resort. Johnny's still his dad and when he is found not guilty, as he expects, he's going to walk out the jail and wants to make sure his son has a relationship with him and his family."
A DuPage County judge likely will decide the issue in mid-November. An attorney for Angela Kramer did not immediately return a phone message Thursday.
Angela Kramer filed a civil case against him Jan. 15 to establish paternity, custody and financial arrangements for their son after the two separated months earlier and she moved back in with her parents.
In the midst of the custody dispute, Borizov is accused of convincing a friend to carry out the Kramer family murders in their upscale Darien neighborhood. Borizov and Jacob Nodarse, 24, of Countryside, are facing first-degree murder and other related charges.
Prosecutors said Nodarse opened fire around 3 a.m. March 2 on Jeffrey Kramer, 50; his wife, Lori, 48, and their 20-year-old son, Michael, after the shooter forced his way into the home by smashing a window with a hammer. Each victim suffered multiple gunshot wounds.
Nodarse, who has a history of mental instability, confessed in a videotaped police interview. Borizov maintains his innocence. His attorneys said authorities lack evidence - besides Nodarse's statements - linking Borizov to the murders.
Prosecutors said Nodarse searched for Angela through the house, but she was able to hide undetected in an upstairs closet and dial 911 on her cellular phone.
When officers arrived, the slain couple's oldest son, Anthony, 29, was climbing out a basement window. Michael Kramer's 17-year-old girlfriend also narrowly escaped and pounded on neighbors' doors in the Tara Hill subdivision for help.
The three survivors said they did not see the gunman, but Angela Kramer identified Borizov as having a possible motive to target her family. She filed an emergency order of protection against him March 5, in which Borizov was denied visitation with their son, but both sides agreed to vacate that order March 24.