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Wrongful death lawsuit filed in Geneva poisoning murder case

The administrator of Eduardo Gutierrez's estate has filed a wrongful-death lawsuit against his wife, Julia, who is accused of fatally poisoning him at their Geneva home in January.

Gutierrez, 53, of the 0-99 block of Crissy Avenue, faces charges of first-degree murder in her husband's death.

Gutierrez has pleaded not guilty and is being held without bond at the Kane County jail because a judge in February ruled she was a danger to herself.

Gutierrez was removed from suicide watch in early May but Judge D.J. Tegeler still ruled she be held without bond, saying he had a duty to protect society.

Prosecutors say Gutierrez spiked her 53-year-old husband's protein shake with a fatal dose of a sedative and unsuccessfully tried to take her own life.

Gutierrez also tried to poison her husband in 2002, but no charges were filed in the case, according to prosecutors.

Attorney Timothy Reuland said the lawsuit is to seek monetary damages from Julia Gutierrez, not necessarily a move to block her from using part of the couple's home, which court documents say has an approximate value of $400,000, from being used by her if a bail amount is eventually set.

"There is no intention in the lawsuit other than to recover money from the wrongful acts the defendant committed," Reuland said.

Gutierrez is next due in court June 17. If convicted, she faces between 20 and 60 years in prison with no chance for early release.

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