West's attorney fighting case in front of new judge

The recent death of Kane County Judge T. Jordan Gallagher has moved the misconduct case of Kane County Coroner Charles West to Judge Bruce Lester.

West's attorney, Gary Johnson, wants the charges thrown out and is arguing that the coroner statute is “unconstitutionally vague” when it comes to disposing of and handling valuable property of the deceased.

Lester could rule on July 21, and if the charges are not tossed, the case appears headed to trial.

West, 68, of Elgin, faces felony misconduct charges that he took a television from a dead Carpentersville man's home.

If convicted, he could face up to five years in prison, but probation also is an option.

On Wednesday Johnson said the latest motion challenging the constitutionality of the coroner's statute is likely the last “substantial motion” before the case goes to trial.

Johnson previously had argued that Appellate Prosecutor Charles Colburn misled the grand jury when he said the television didn't have to have a specific value, just some value in general.

Gallagher had rejected that argument, but Johnson's latest attempt at getting his client's charges dismissed still hinges on what “valuable” means.

“The aforementioned statute, and by extension, the indictment in this case, is unconstitutionally vague due to the fact that the definition of ‘valuable' is subject to a variety of definitions,” Johnson wrote in a motion to the court. “The apparent confusion over the term ‘valuable' is evidenced during the grand jury proceedings in the case.”

On Wednesday, Judge Timothy Sheldon said he would handle Lester's busy DUI court call if the case went to trial. Sheldon said he and other felony court judges had conflicts in the case because they know West personally.