Witness in Briseno slaying charged with 5 perjury counts

Justin Houghtaling's stay in the Illinois prison system could get a lot longer now that a McHenry County grand jury has indicted him on charges he lied repeatedly in August when testifying at the trial of murder co-defendant Kenneth E. Smith.

Houghtaling, 26, formerly of Round Lake, faces five counts of perjury alleging, among other things, that he lied when he told Smith's jury that county prosecutors were forcing him to give false testimony and that McHenry County Judge Robert Beaderstadt offered him $3,000 to implicate Smith.

"The state's attorney's office will not tolerate alleged perjury in any of our cases, particularly in murder cases," Nichole Owens, criminal division chief for the McHenry County State's Attorney, said Thursday. "Perjury is not acceptable."

The charges are Class 3 felonies, normally punishable by two to five years in prison. But because of his criminal record, Houghtaling could face up to 10 years behind bars if found guilty.

Any sentence would be served on top of the 20-year term Houghtaling currently is serving for his part in the March 2001 slaying of Raul Briseno during a botched robbery of the victim's Burrito Express restaurant in McHenry.

Authorities say Smith shot the 35-year-old Lakemoor man to death after the victim chased him and Houghtaling out of the business during the failed stickup.

A jury in August found Smith, 32, of Park City, guilty of first-degree murder and attempted armed robbery. He is scheduled to be sentenced Oct. 29.

The guilty verdict came despite the antics of Houghtaling on the witness stand. The Round Lake man had agreed to testify against Smith in exchange for a plea deal that gave him the minimum 20-year sentence for first-degree murder.

But when called to testify Aug. 13 and 14, Houghtaling claimed that his earlier statements naming Smith as Briseno's killer were lies told at the insistence of county prosecutors. Among his claims was that Beaderstadt, a former assistant McHenry County state's attorney who at one time led Smith's prosecution, offered him money to falsely implicate Smith.

Houghtaling is scheduled to return to McHenry County Nov. 5 to face the new allegations.

"That's after Smith's sentencing," Owens said. "We hope to keep them from being in jail together at the same time."

The grand jury indicted Houghtaling Sept. 24, but the charges had been kept under seal.