DNA testing may delay second murder trial

The family of slain Lakemoor businessman Raul Briseno has waited almost four years for the man accused of killing him to face a second trial for murder.

It appears their wait may get even longer.

Lawyers in the case of Kenneth E. Smith said last week that a delay in getting back results of new DNA testing could force them to come to court this morning seeking a continuance of the trial, now scheduled to begin in two weeks.

Smith, 32, of Park City is charged with first-degree murder and attempted armed robbery stemming from the March 2001 slaying of Briseno outside his Burrito Express restaurant in McHenry. Authorities say the 35-year-old restaurant owner was gunned down as he chased two robbers out of the business.

The possible delay comes as McHenry County prosecutors await the results of DNA testing conducted on a ski cap recovered from the home of a Smith co-defendant weeks after the murder.

The dark cap, witnesses said, is similar to one worn by the two men responsible for Briseno's slaying. And according to earlier court testimony, hairs found on the cap are similar to Smith's hair.

However, this is the first time authorities conducted DNA testing to try to determine once and for all whether it was Smith's hair inside the cap.

Even if the testing results come back before the scheduled April 14 trial date, it may not be enough to forestall a continuance. Depending on what the testing finds, Smith's defense may ask to have its own DNA expert evaluate the cap, further increasing the chances for a postponement.

A jury first convicted Smith of the murder in 2003 and he later was sentenced to 67 years in prison. That verdict, however, was overturned a year later by a state appeals court that ruled jurors heard improper evidence.

More attorney trouble: It was a tough week for lawyers in McHenry County.

Some of them, anyway.

First, disbarred attorney Stephen Ford admitted guilt in court to a pair of felony theft charges stemming from allegations he stole tens of thousands of dollars from former clients.

Ford, who practiced out of an office near downtown Algonquin, faces up to four years in prison when sentenced in July.

Then on Wednesday, Wonder Lake lawyer Charmaine Ruckoldt went on trial on allegations she stole more than $40,000 from an elderly client over whom she held power of attorney.

And finally the Illinois Supreme Court announced it was barring Woodstock-based attorney George William Davis from practicing his trade for at least the next 2½ years because of his 2006 child pornography conviction.

Davis, an attorney in Illinois since 1974, cannot get his license back "until the lawyer has demonstrated rehabilitation, good character and current knowledge of the law" according to the disciplinary ruling handed down by Supreme Court justices.

A Cook County grand jury indicted Davis on four counts of child pornography in February 2005, alleging he had computer images of children in lewd situations. He admitted guilt to one count in March 2006 under a plea bargain and was sentenced to one year probation and ordered to pay a $7,000 fine.

The Supreme Court decision comes about 22 months after the Illinois Attorney Registration and Disciplinary Commission brought a complaint against Davis, claiming his actions adversely reflected on his honesty, trustworthiness and fitness as a lawyer.