McHenry man loses another bid for new trial

A McHenry man imprisoned for a 1999 crash that killed a mother and her three children failed again Wednesday to convince a judge he deserves a new trial on reckless homicide and drunken driving charges.

McHenry County Judge Sharon Prather rejected Walter Depner's claims that new toxicology evidence would clear him of the charges, ruling the evidence was not really new and questioning whether it would make a difference in his case.

"The proposed testimony is not so conclusive that it likely would have changed the outcome of the defendant's trial," Prather said.

It was at least the fifth time since 2003 that Depner, 56, has gone to court seeking a new trial. It likely will not be the last since he now has the right to appeal Prather's decision.

Depner is serving a 14-year sentence handed down after a jury found him guilty of allegations he caused an Aug. 21, 1999 crash that killed Eva Burleson, 34, of Crystal Lake, and her children Daniel, 14, Tiffany, 11, and Dallis, 7.

The family was traveling on westbound Route 120 near Lakemoor, driving home from a day at Six Flags Great America, when, authorities said, Depner's eastbound minivan swerved into their lane and struck their vehicle head-on.

At the time of the crash Depner had a blood-alcohol level more than twice the legal limit, toxicologist Dr. Michael Evans testified at the man's 2003 trial.

That testimony was at the heart of Depner's latest request for a new trial.

Evans based his findings on testing of blood drawn from Depner several hours after the crash. He took the blood-alcohol level at that time and extrapolated back to determine what Depner's level would have been at the time of the collision.

But a report obtained by Depner last year from Barrington toxicologist Dr. James O'Donnell disputes those findings. In his report, O'Donnell said Evans had "insufficient information or evidence" to declare Depner was intoxicated.

"(O'Donnell) believed there was an error in the methodology of the state toxicologist and because of that error, his conclusions were faulty," Depner attorney Colin MacMeekin said Wednesday.

Depner is serving his sentence in the downstate Taylorville Correctional Center. He is scheduled for parole in June 2011.