Arlington Hts. murder prosecutors want to tape interview

Prosecutors want to quickly tape a video interview with the mother of the Arlington Heights man accused of murdering his father last week, as they worry she could die from cancer within six months.

Barbara Cole is stricken with stage 4 lung cancer and her doctor gives her about a year to live, Cook County Assistant State's Attorney Maria McCarthy said on Thursday in circuit court in Rolling Meadows. There's about a 50-50 chance she could survive six months, McCarthy added.

“Given the very tenuous state of Barabara Cole's health, we need to move on this motion much quicker than a month from now,” McCarthy said.

The defendant, 41-year-old Steven M. Cole, faces a first-degree murder charge in the June 13 stabbing of his 69-year-old father. Police found Stuart Cole in the lower level of his Arlington Heights home with four knife wounds in the chest and cuts to his face, along with wounds to his hands authorities claim were suffered in self-defense.

Cook County Judge Kay Hanlon scheduled a hearing Friday morning to rule whether to permit prosecutors to video record Barbara Cole for a deposition. Her oncologist, Dr. Edward Kaplan, is expected to testify that his patient suffers from a terminal illness, McCarthy said.

Stage 4 lung cancer occurs when the disease spreads to other parts of the body, including the bones or brain. On May 16, Barbara Cole checked into the hospital with fluid in her lungs. She lives in a nursing home that also serves as a rehabilitation center. Before moving there, she underwent chemotherapy, McCarthy said.

“We don't know how long Barbara Cole is going to be alive,” McCarthy said.

Prosecutors said they feel her testimony would be key in their case.

Steven Cole's public defender, Helen Tsimouris, objected to the prosecution's motion. She said she felt rushed by Friday's hearing, and she questioned the state of mind of her client's mother, given her health and the type of medications she could be taking.

“Her competency is may be an issue,” Tsimouris said.

Tsimouris, who will be on vacation next week, asked to schedule the next hearing July 6. But McCarthy reiterated the need to speed court proceedings. Hanlon told Tsimouris she would have scheduled the hearing for Monday, but Tsimouris wasn't available then.

Cole was subdued on Thursday, a shift from his first court appearance on June 15 when his frequent interruptions of proceedings prompted Judge Hanlon to threaten to send him to a holding cell.

He made a 911 call the day of the stabbing to report his father's death. Cole also called his mother, telling her of his actions, McCarthy said.

Prosecutors detailed Cole's past last week, which includes a history of mental illness. In 2000, he threatened to kill his parents and a woman asked for an order of protection against him in 2004.

He faces a maximum of 60 years in prison and remains in custody on a $1 million bond.