Jury to hear testimony of Degorski witness' drug use

Cook County Judge Vincent Gaughan ruled Thursday that a jury may hear about the alleged drug use of Anne Lockett, a key witness against James Degorski, charged with seven counts of first-degree murder in the January 1993 slayings at a Palatine Brown's Chicken & Pasta.

A jury found Degorski's co-defendant Juan Luna guilty of seven counts of first-degree murder in 2007 for the deaths of Michael Castro, Lynn and Richard Ehlenfeldt, Guadalupe Maldonado, Thomas Mennes, Marcus Nellsen and Rico Solis. Luna received a life sentence.

Gaughan said the drug use will come out during cross examination of Lockett, Degorski's former girlfriend, because it relates to her credibility. However, prosecutors may not mention her alleged drug use with Degorski.

"The drug is the thing that influences her credibility," said Gaughan, "not who she does it with."

Thursday's hearing at Chicago's Criminal Courts Building centered on arguments regarding the admission of certain evidence at trial. Defense attorney Susan Smith also argued against allowing in Lockett's claims that Degorski slapped her and pulled her hair.

"If these things happened, it doesn't explain her nine-year silence," Smith said.

"Miss Lockett, will testify that she remained silent for nine years because she was afraid," countered lead prosecutor Linas Kelecius, arguing that Lockett's claim of physical abuse corroborates her fear.

Gaughan ruled that prosecutors may present that testimony on redirect examination. He also ruled that Lockett may testify to the .38-caliber revolver she said she saw in Degorski's basement before the murders because ballistics evidence indicates a .38-caliber weapon was used in the killings. However, citing insufficient description, he disallowed testimony regarding knives she said she observed in Degorski's possession.

Gaughan concluded the extended hearing with orders that all depositions and expert reports be filed by the end of February, leaving time in March and April for fine tuning before jury selection begins April 30.