Judge orders new trial for jailed ex-cops accused in beating

Ruling prosecutors failed to turn over evidence crucial to the case, a McHenry County judge Wednesday awarded a new trial to a pair of former police officers convicted last year and sentenced to jail on charges they beat a handcuffed man.

Jerome Volstad and Ronald Pilati walked out of the McHenry County jail free men after the ruling, with their lawyers pledging that any retrial would have different results than the first.

"Justice is served," Pilati attorney Thomas Loizzo said. "They're ecstatic. They've maintained their innocence all along."

At the time of Wednesday's ruling, Volstad, 43, of Cary, and Pilati, 36, of Melrose Park, were about four weeks into a 90-day sentence handed down after jurors found them guilty in November of felony charges including aggravated battery, obstructing justice, mob action and unlawful restraint.

The charges stemmed from a Feb. 20, 2005, off-duty altercation outside a Fox Lake tavern. Authorities accused Pilati, Volstad and a third officer, Brian Quilici, of attacking a man in the bar's parking lot, forcing him into handcuffs then repeatedly punching and kicking him.

Pilati was an off-duty Spring Grove police officer at the time. Volstad had been a police officer in Spring Grove and Lincolnshire but was not working at the time while recovering from an injury.

In his four-page decision, Judge Joseph Condon ruled prosecutors committed an inadvertent, but significant, error by failing to give defense lawyers a statement victim Ryan Hallett wrote more than a year before the trial.

In the statement, prepared as part of separate proceedings against Quilici, Hallett describes the 2005 incident but does not mention Pilati or Volstad by name and does not state they beat him.

The statement, Condon ruled, could have tipped jury deliberations in the former officers' favor.

"Had the jury heard cross-examination of Mr. Hallett based on his written statement, there is a reasonable probability the jury would have decided otherwise in regard to each defendant," Condon wrote. "The statement being material, defendants were prejudiced."

In a statement released by his office, McHenry County State's Attorney Louis Bianchi said he respectfully disagrees with the ruling and his office may ask Condon to reconsider.

Otherwise, the statement says, the office will prepare to try Pilati and Volstad a second time.

"We believe the error was harmless and would not have changed the outcome of the trial and will not prevent us from obtaining convictions at a retrial," the statement reads.

Bianchi's criminal division chief, Nichole Owens, argued last month that prosecutors were not obligated to turn over Hallett's statement and, if they had, it would have been prejudicial to the defense since it would have let jurors know their co-defendant, Quilici, had been found guilty of similar charges. Quilici was sentenced to two years in prison.

Defense lawyers, however, said the statement shows that at worst Pilati and Volstad were bystanders to an altercation between Quilici and Hallett.

"It's not a crime to stand around and not get involved in a situation," Volstad attorney Al Stavros said. "She should have disclosed it. She had a legal and ethical duty to disclose it."

Although defense lawyers said they expected a second trial, both said they hope Bianchi reviews the case again and opts not to prosecute.

"He should at least re-examine their conduct in this case," Stavros said.

Bianchi's statement, however, indicates his office has no plans to back down.

"We stand ready to pursue justice on behalf of Ryan Hallett and the people of the state of Illinois at a new trial, if necessary," the statement reads.

The case is next scheduled to appear in court April 10.