Video deposition permitted in Arlington Hts. murder case

A Cook County judge will permit prosecutors to video record testimony from the ailing mother of the Arlington Heights man charged with murdering his father, Stuart Cole, last week.

“I don’t think there’s any question that (she) may not be available during the trial,” Judge Kay Hanlon said on Friday.

However, whether or not Barbara Cole’s deposition will be admissible testimony is another matter that will be determined later in court, Hanlon added.

Public Defender Helen Tsimouris represents Steven Cole, who faces a first-degree murder charge. She objected to the video testimony, claiming a deposition this early in the court process left the defense unprepared to properly question Barbara Cole. Tsimouris said her case was vastly more complex than the prosecution’s and she needed time to prepare and properly cross-examine Cole.

“I don’t see the urgency, judge, at this point,” Tsimouris said.

Barbara Cole suffers from stage 4 lung cancer, and her doctor wrote in a letter presented in court on Friday that she had a 50-50 chance of surviving in the next three to four months.

She’ll likely give her testimony from the nursing home where she lives, Cook County Assistant State’s Attorney Maria McCarthy said.

Stuart Cole, 69, died on June 13. Police found him with stab wounds to the chest and cuts to his hands inside his Arlington Heights home. Prosecutors claim it’s not the first time his son attacked his father, as they were involved in a domestic dispute in 2000.

Steven Cole called 911 to report his father’s murder. Then the 49-year-old man called his mother and confessed, authorities said, which is why losing Barbara Cole’s testimony would hurt the prosecutor’s case. She will testify no matter what, if health permits, McCarthy added.

The only evidence presented Friday to support the need for video testimony came from Dr. Edward Kaplan, who has served as Barbara Cole’s oncologist since September 2009. He said the cancer is present in his patient’s heart and lungs and gave her a 50-50 chance of surviving the next three to four months. She’s stopped chemotherapy since her May visit to Northwest Community Hospital in Arlington Heights where doctors treated her for fluid around her lungs.

Steven Cole has a history of mental illness, including being suicidal, prosecutors said last week. He is scheduled to next appear in court on July 12.