DuPage County judge won't allow woman to change guilty plea in cat stabbing
A Chicago woman will not be allowed to change her guilty plea to charges of aggravated cruelty in the stabbing death of the family cat in Elmhurst, a DuPage County judge ruled Tuesday.
Kelly Palermo, 51, pleaded guilty to the charge on July 26, the day her jury trial was scheduled to begin.
But she recently filed a motion to withdraw that plea, saying her former attorney, Assistant Public Defender Michael Mara, forced her to enter it.
During the July hearing, Assistant State's Attorney Kristin Johnson said Palermo became angry when the cat bit her around 9 p.m. on June 10, 2015, at her daughter's house on the 900 block of South Euclid in Elmhurst. In response, she and her daughter, Samantha Palermo, 22, decided to kill the cat.
Johnson said Kelly Palermo held the cat down while Samantha stabbed the animal at least five times.
Kelly Palermo's 14-year-old son was able to briefly wrestle the cat away from his mother and call 911, authorities said, but Kelly Palermo quickly took the animal back.
When police arrived, Johnson said, Kelly Palermo was hosing off the back porch. She initially denied the cat was dead, but eventually led police to find the animal's remains in a trash bag.
According to recently filed court documents, Kelly Palermo "did not voluntarily waive her right to a trial in that her will was overborne by her attorney and was forced to plead guilty."
Palermo's motion to withdraw her plea also indicates her "attorney stated she was going to jail that day if she did not plead guilty."
Judge Robert Miller denied Palermo's motion Tuesday morning, saying Mara properly warned her of the penalties she faced if found guilty during a trial.
Miller said Palermo also proved she knew she had a choice when she, on two previous occasions, rejected plea deals from prosecutors.
Miller said Palermo first rejected a deal consisting of 180 days in jail and probation. She then rejected an offer of time-served and a period of time wearing an alcohol detection anklet in exchange for her testifying against her daughter in the case.
"She rejected the offer so she clearly knew she had choices," Miller said. "In fact, there is nothing to support that the defendant has met the burden to withdraw her plea."
Palermo faces between one and three years in prison and fines up to $25,000 when she is sentenced on Sept. 12.
Both women are free on $125,000 bail. Samantha Palermo is still awaiting trial on similar charges.
She has been declared mentally unfit for trial and is undergoing outpatient therapy in an attempt to restore her fitness. She is next due in court on Nov. 17.