How an 'innocent' joke nearly derailed a murder trial

It was intended as an “innocent” joke, but a 19-year-old pizzeria worker's idea of a prank nearly derailed a Kane County murder trial this summer and almost had him facing serious criminal charges of his own.

When jurors hearing the case of ultimately acquitted murder suspect Daniel Rak worked past dinner July 20, court officials ordered them some pizza from a nearby restaurant to help fuel their ongoing work.

A bailiff cleaning up later spotted something that definitely didn't belong in a jury room - a note reading “They're innocent” written on the inside lid of a pizza box.

The next morning, presiding Judge D.J. Tegeler quizzed all 15 jurors about what they saw and how it would affect their ability to decide the case.

Convinced jurors would remain fair and impartial, Tegeler allowed the trial to proceed, and jurors eventually found Rak not guilty of murdering his father in February 2016.

Mystery solved

While the trial ended there, the investigation into who wrote the note and why was just beginning. Prosecutors, the public defender and the judge were not amused, and they wanted to know how it happened.

St. Charles police investigated. Officers visiting the house of one of the pizzeria workers didn't have to wait long to find out if he was their man.

“I know what this is about, the jury tampering,” the 19-year-old told the officers before they asked any questions. “I didn't mean it.”

According to police, the restaurant worker had no idea the pizzas were going to jurors in a murder case, and he was shocked to learn his prank could lead to serious criminal charges.

Fortunately for him, a forgiving Kane County state's attorney, sheriff and judiciary decided they would accept his letters of apology instead.

No word on whether the man's employer was as understanding.

Déjà vu

Just days after settling a lawsuit stemming from its handling of the disappearance and presumed murder of a Johnsburg teen, McHenry County and members of its state's attorney's office have been hit with another.

Shane Lamb, a key figure in the unsuccessful (and some say wrongful) prosecution of Mario Casciaro in the 2002 slaying of Brian Carrick, filed a federal lawsuit Monday against the county, current and former state's attorney staffers and others.

The suit alleges prosecutors intimidated, coerced and harassed Lamb into falsely implicating himself and Casciaro in the murder. Prosecutors believed Casciaro recruited Lamb to scare Carrick, 17, into repaying a drug debt, but things got out of hand and the teen was killed. His body was never found.

Lamb was given immunity for his testimony, which helped lead to Casciaro's 2013 murder conviction. But Lamb later recanted, and a state appeals court overturned Casciaro's conviction in 2015.

Last week, the county settled Casciaro's suit for $50,000.

State's Attorney Patrick Kenneally didn't sound eager to settle with Lamb when asked about the new lawsuit this week.

“This is a meritless lawsuit seemingly intended to do nothing more than harass,” Kenneally said. “We're looking forward to our day in court.”

Even if his lawsuit succeeds, Lamb, 33, may have to wait awhile to enjoy the benefits. He's serving a 20-year prison sentence for stealing a safe containing guns, precious metals and other items from a McHenry house. He won't be eligible for parole until April 2024.

Ill-timed, not illegal

While it's definitely annoying, a noncustodial father's picking up his child for breakfast at 3:30 a.m. isn't a crime.

That's how a state appeals court ruled in throwing out last year's conviction of a Tennessee man found guilty of kidnapping his 18-month-old son from his mother in South Elgin.

A Kane County judge found Michael T. Cole, then 40, guilty of a child abduction charge alleging he unlawfully took the boy from the mother's house about 3:30 a.m. Jan. 7, 2014.

However, the appellate court wrote in its unanimous decision that Cole had arranged with the boy's mother to take him out to breakfast that morning.

When he arrived and took the boy, she didn't try to stop him. And when they spoke by phone 20 minutes later, Cole returned the boy at the mother's request, the court wrote.

“To stand by as she did, she must have had confidence that defendant was merely trying to annoy her by picking an unreasonable hour for a breakfast outing,” Justice Mary Seminara-Schostok wrote in the unanimous ruling.

“The record contains several pieces of evidence that strongly imply that defendant and (the boy's mother) were both playing games.”

Happy holiday

Every year, police across the state warn drivers to be careful over the Labor Day weekend and remind them they'll be out in force to take drunken drivers off the roads.

Those efforts paid dividends this year.

According to stats released Tuesday by Illinois State Police, there were only five crash-related fatalities in the state over the long holiday weekend, down from 23 last year.

Since 2012, the state has seen an average 15 deaths in crashes over Labor Day.

“Five fatalities is still five too many,” state police Director Leo Schmitz said in an announcement of the stats. “The ISP will continue working to reduce fatalities to zero and to keep our citizens safe on Illinois roadways.”

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