Plea deal denied again for murder suspect

A McHenry County judge Friday once again refused to consider a plea bargain for murder suspect Kenneth Smith, leading prosecutors and his lawyers to finally set a date for a jury trial neither side wants to conduct.

Barring a change of heart by the judge or change of the proposed plea deal, Smith, 31, will go on trial April 14 on charges of first-degree murder and attempted armed robbery for the slaying of Lakemoor restaurant owner Raul Briseno.

Briseno, 35, was shot to death in March 2001 as he chased two would-be robbers out of his Burrito Express restaurant in McHenry. He also owned a Burrito Express in Wauconda.

Prosecutors and Smith's defense, hoping to avoid what seems certain to be a risky trial for both, struck a plea deal this fall under which the Park City man would admit guilt to charges of second-degree murder and attempted armed robbery.

He then would be sentenced to 35 years in prison but be eligible for time off for good behavior. Under those terms, he could go free in a little more than 11 years.

Judge Sharon Prather repeatedly has refused to accept the deal, saying the facts of the case do not justify a second-degree murder finding. She refused a request Friday by defense lawyers to reconsider that stance.

The case's lead prosecutor, Assistant McHenry County State's Attorney David Johnston, did not close the door entirely Friday on a plea deal to resolve the case, but he said for now he is preparing for trial.

"You don't want to say never to any negotiations, but it's set for trial April 14, so that's what we'll plan for," he said.

Smith first was tried four years ago, found guilty and sentenced to 67 years in prison. However, a state appeals court overturned the verdict and ordered a new trial, ruling that jurors heard improper evidence against the defendant.

Since then, prosecutors say, the case against Smith has been weakened by the death of one witness and the appellate court's ruling barring other key evidence, forcing them to strike the plea deal with his lawyers.

Briseno's family said Friday they have mixed emotions about the case getting set for trial. Though strongly opposed to the proposed plea deal, they worry about the possibility of Smith walking free after a not guilty verdict.

"Knowing that the state's attorney's office doesn't feel too confident about the case, that's why we've got mixed feelings," said Briseno's sister, Maria Carrera.