Judge disturbed by subpoenas in Staker retrial
A Lake County judge on Wednesday ordered defense attorneys for a man awaiting his third trial for a 1992 murder to stop sending out subpoenas until a hearing on their actions can be held.
Assistant State's Attorney Michael Mermel said lawyers for Juan Rivera had issued orders for phone records he said are not connected to the case in what may be an effort to harass witnesses.
Rivera, 35, has been convicted twice of the Aug. 17, 1992 rape and murder of 11-year-old Holly Staker and twice sentenced to life in prison.
But his first conviction was reversed on appeal, and Circuit Judge Christopher Starck ordered a third trial last year.
On Thursday, Mermel told Starck that Rivera's attorneys have subpoenaed the personal phone records of a new witness in the case, some of his family members and those of two investigators and their wives.
Mermel said the records being sought cover the period from March 27 until April 4, 2005, when the witness who claims he saw Rivera chasing the girl with a knife in his hand is believed to have first contacted police.
In addition, Mermel said, rules governing the subpoenas were not followed and he only became aware of them when a witness called him to complain.
"They have gone behind the court's back and are trying to hide the ball," Mermel said. "The records being sought are not only completely irrelevant, they are an attempt to harass people who have nothing to do with the case."
Jeffrey Urdangen, an attorney with Northwestern University's Center on Wrongful Convictions, said the subpoenas were issued by attorneys for the firm Jenner and Block, which is assisting in Rivera's defense.
Urdangen said the Jenner and Block lawyers were unfamiliar with the Lake County rule requiring all subpoenaed material to be returned to the judge in the case, who then distributes the material to the lawyers.
He said the Rivera defense team believes they have a legitimate interest in the phone records, but declined to explain what that interest was because Mermel had not properly advised them he intended to object.
"Mr. Mermel has the right to file a motion to quash and give us proper notice," Urdangen said. "It seems to me we ought to be handling this like lawyers and judges."
Starck agreed that the motion and a hearing was the proper way to address the issue, but did say he was concerned about the subpoenas.
"I find it a bit bizarre, and it concerns me that private citizens are having their constitutional rights violated by this practice," Starck said.
"If I were to subpoena the personal records of the Rivera family, I suspect you would be jumping up and down about it and would find it horrible."
Starck ordered any records given to the defense team through the subpoenas in question be turned over to him within 24 hours.
He also ordered the defense team not to send out any new subpoenas until a Jan. 3 hearing on the matter.
Rivera is being held without bond in the Lake County Jail.