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updated: 8/26/2016 5:53 PM

Elburn man charged with father's murder wants statements banned from trial

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  • Daniel M. Rak wants his statements to police banned from trial.

    Daniel M. Rak wants his statements to police banned from trial.

 
 

A man accused of beating his father to death at his Burlington Township home in February wants his statements to police banned from trial.

Daniel M. Rak, 31, of Elburn argues he was repeatedly interrogated despite his fragile and intoxicated state, not read his Miranda rights nor allowed to leave over a 58-hour period.

Rak was charged in early June with first-degree murder of his father, Jeffrey, 58, whose body was found Feb. 14 at his home on Engel Road.

Authorities believe the elder Rak died of blunt head trauma between Feb. 11 and when first responders were called by his son at 3:36 a.m. Feb. 14.

Kane County Public Defender Kelli Childress argues in a court motion filed Friday that statements Daniel Rak made to authorities were involuntary and should be inadmissible at trial.

Childress contends police violated Rak's Fourth Amendment protection against unreasonable search and seizure and unfairly detained him at the sheriff's office without probable cause and without charges being filed.

Childress argues in a court motion Rak's cellphone and coat were taken, and that he was cold, hungry and without sleep while being questioned. Rak was under the influence of alcohol and vomiting while in an interrogation room and "promised several times by officers that he was not in any trouble, when in fact he was suspected of the crime of murder," read part of the motion.

Childress' motion doesn't elaborate on what Rak said during questioning. It also references two search warrants executed by authorities investigating the death. Completed search warrants are normally public documents but have been sealed in this case.

Childress also suggests the death was accidental.

"Jeffrey Rak had numerous bruises, cuts and abrasions all over his body, as well as two black eyes, and dried blood on his face, all of which are consistent with an alcoholic taking blood thinners with a history of falls, seizures and alcoholic blackouts," read part of the motion.

Rak has been held on $950,000 bail at the county jail since his June arrest. If convicted he faces between 20 and 60 years in prison.

Judge D.J. Tegeler will hear arguments on Rak's motion Nov. 8.

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