Judge narrows witness' testimony in 1992 murder case
A man who claims to have seen Juan Rivera carrying a knife while chasing an 11-year-old girl on the day she was murdered in 1992 won't be allowed to describe the knife in Rivera's third trial, a judge ruled Wednesday.
Circuit Judge Christopher Starck said because police and prosecutors cannot find a sketch of the knife drawn by Leon Seay, he will not be allowed to go into detail about the weapon.
Rivera, 35, is scheduled to go on trial Oct. 20 for the Aug. 17, 1992, murder of Holly Staker in the Waukegan apartment where she was baby-sitting two children.
He was convicted twice and both times sentenced to life in prison. The first conviction was overturned on appeal; Starck ordered the third trial in 2006.
In 2005, Seay told police he was at the apartment building on the day of the murder to turn on natural gas that had been disconnected.
According to police, Seay said he saw Rivera chasing the girl with a knife, but originally believed the two were playing a game.
When he learned the girl had been killed, Seay said he went to police but was mistakenly told a suspect was in custody and had confessed.
Defense attorney Terri Mascherin asked Starck to bar Seay from describing the knife unless the drawing he made could be produced.
Mascherin's request was granted after Lake County Assistant State's Attorney Michael Mermel said the drawing could not be found in spite of efforts by police and prosecutors.
Starck denied Mascherin's request for a special jury instruction concerning four other missing pieces of evidence.
The items include a photo of a shoe print on the rear door of the apartment, a white towel found near the door, some pages from a handwritten statement by the mother of the children the girl was watching and a piece of skin found on the door.
Mascherin wanted Starck to tell jurors they should assume that if presented, the items would be helpful to Rivera's defense.
Starck refused because he said no evidence was presented in the previous two trials that the items did anything to bolster Rivera's claim of innocence.
Rivera is scheduled to appear in court June 25.