Six months in jail for man who molested dying wife's caregiver

An 82-year-old Lombard man who faced up to 15 years in prison for molesting his dying wife's caregiver reached a plea deal Tuesday in which he will serve six months in jail.

Guiseppe Metallo also must complete another six months of home confinement, two years' sex-offender probation and was ordered to register as a convicted sex offender with local police. His jail term begins Aug. 14.

DuPage Circuit Judge Kathryn Creswell presided over the plea deal in which Metallo admitted guilt to aggravated criminal sexual abuse and criminal sexual abuse charges. The judge convicted Metallo of a more serious sex charge last year at trial, but it was dropped as part of Tuesday's plea - which angered the victim and her husband.

"When does she get justice?" the former Plainfield man told reporters outside of court. "This is not only an insult to her, but to every rape victim."

The victim contacted police Dec. 23, 2005 and accused Metallo of assaulting her two days earlier in his Lombard home while she worked there as a caregiver for his terminally ill wife. It was the woman's second day on the job.

Police investigated her complaint that same day. Despite the delay in reporting, Edward Hospital doctors found evidence of sexual trauma - an interior vaginal scratch.

Lombard police arrested Metallo, the grandfather of a local police officer, on felony charges. One year later, the caregiver filed a federal lawsuit against Lombard and Officer Joseph Metallo, alleging he tried to hinder the investigation involving his grandfather by instructing his grandfather to cut his long fingernails and thus, destroy possible physical evidence, among other issues, before police arrived with a search warrant.

Both sides later reached a $25,000 settlement, which is less in legal fees than the cost of taking the case to trial. Officer Joseph Metallo since retired on a disability pension after becoming injured.

"We took her complaint seriously and, after an investigation, we arrested and charged the defendant with a felony," Lombard police Chief Ray Byrne said. "(The lawsuit) was completely without merit. We did everything appropriately."

DuPage County State's Attorney Joseph Birkett said while he empathizes with the victim, the plea agreement was appropriate when balanced against the defendant's age, diminished physical health, lack of any criminal history and his strong appeal issues.

For example, defense attorney Jack Donahue argued a new trial was warranted because the Italian-speaking defendant did not have a proper interpreter and, therefore, didn't understand the legal proceedings.

The victim, who drove three hours to attend the court hearing, left in tears.

"I try to get on with my life, but at times simply don't care about anything," the woman wrote in a victim-impact statement that her husband read in court. "I have had something taken from me that I can never get back. I feel as if a chunk of my heart and soul have been ripped away."