Woman who killed St. Charles couple in crash asks for early prison release
An Aurora woman serving a six-year prison term for causing a crash in May 2009 that killed a St. Charles couple because she had marijuana in her system asked a judge Thursday to reduce her sentence.
Alia N. Bernard, 31, pleaded guilty to two counts of aggravated driving under in the influence in the deaths of Wade and Denise Thomas, both of St. Charles, near Route 47 and Smith Road near Elburn.
Kirk Wold, the youngest son of Denise Thomas, also wrote a letter to Judge David Kliment in support of letting Bernard out of prison, saying he came to know Bernard as a “very loving, caring, respectful and trusting person.”
“I believe what happened was a true accident, an event occurring by chance or unintentionally,” Wold wrote. “Any lenience in her case I feel would be much necessary. (Whether) that be time served, probation or immediate release I'm all for it and encourage it.”
Under Illinois law, motorists involved in serious or fatal crashes can be held criminally responsible if there is any amount of an illegal drug in their system, and prosecutors only need to prove in court the presence of a drug, not any impairment.
Police on the scene said Bernard was not impaired. She testified she smoked marijuana on a Thursday before the crash, which occurred on a Saturday morning, and she reached for her sunglasses and rear ended another car, pushing it into a pack of motorcyclists headed the opposite way on Route 47.
Bernard's attorney, Donald Ramsell, pointed to an effort by the General Assembly last year to rewrite the law to have a minimum standard of THC in a person's blood to prove impairment. Gov. Bruce Rauner vetoed the bill but if it had passed, Bernard would be in prison for a crime that doesn't exist.
“It reflects on what the societal aspects are, what the community's approach to the law is,” Ramsell said, pointing out Bernard has been rehabilitated and had no previous record, and some defendants receive probation when there are “extraordinary” or exceptional circumstances.
“How many more times do we have to strike the whip before the point is made?” Ramsell said. “Release her from prison. She's learned every lesson that can possibly be imaginable by this.”
Ramsell also argued Bernard should be allowed to withdraw her guilty plea, saying her previous attorney wasn't given all the information about the lab tests that showed THC in her blood, and that two labs that did the tests weren't licensed and used unproven methodology.
Jody Gleason, Kane County first assistant state's attorney, objected on both moves.
“It wasn't an accident. It was a crime,” said Gleason, noting that another motorcyclist was paralyzed from the waist down and others injured. “Many lives were changed.”
Kliment will make his rulings March 9.