Defense argues Kane judge can't give St. Charles shooting suspect fair trial
Defense attorneys for a St. Charles man accused of shooting at his wife before being disarmed by the local school board president in May 2016 argued Wednesday that Judge D.J. Tegeler is biased against them and can't give their client, Scott Turyna, a fair trial.
"It's gotten personal," argued defense attorney Robert Motta during a hearing before Kane County Judge John Barsanti for a new judge. "He seems to be aiming all the arrows at us. Every time we were in front of him there was an attack."
Turyna, 66, is charged with numerous felonies, including attempted murder and aggravated discharge of a firearm.
According to authorities, St. Charles School District 303 Board President Steve Spurling and his wife were walking their dog when Turyna's bloodied wife ran out of her garage and fell on the driveway. Spurling's wife went to comfort the woman and the two began to walk away.
Turyna emerged from the home, pulled out a revolver and began firing, before Spurling disarmed him and detained him until police arrived, reports said. No one was hit.
"For whatever reason, our team has upset the judge to the point where my client will be prejudiced," Robert Motta said, adding court transcripts don't show Tegeler's "tone and tenor."
On Oct. 5, the last court date before Turyna's jury trial was set to begin on Oct. 10, the Motta's requested a continuance, saying they wanted a fitness exam done for their client because he could not remember what happened in the incident and was unable to assist in his defense.
An angry Tegeler questioned why the motion was being brought then when the Mottas acknowledged Turyna expressed his possible amnesia as early as June 2016.
Tegeler later ordered an evaluation by the Kane County Diagnostic Center, but the Mottas objected, saying the county's doctor was biased.
At another court hearing, Tegeler nearly held defense attorney Alison Motta in contempt of court after he thought he heard her mutter something under her breath. Motta had previously been suspended on a federal case for a similar offense, but she testified Wednesday that she did not make a sound and that Tegeler was out of control.
"He was very loud. He was shouting at me. He was glaring at me," Alison Motta testified.
But Jeff Jefko, director of field services for Kane County Court Services, who was seated behind the defense table that day, testified "She said something under her breath. I could not make out what she said, but I heard her make a comment."
Barsanti will render his decision on Nov. 9.