Bogus raffle suspect gave money to Red Cross, defense says

Nearly two years ago a McHenry County grand jury indicted Daniel B. Carroll on allegations he pocketed $2,800 from a raffle he organized to help Hurricane Katrina survivors.

What the grand jury didn't know, Carroll's lawyer said Wednesday, is that the Fox Lake man gave that money to the American Red Cross months before they ever heard his name.

Now Carroll's defense is asking a judge to throw out the 2007 indictment, saying authorities knew his client had turned over raffle proceeds, but never let the grand jury in on all the facts.

"I think after (police) went through all the investigation they didn't want to just forget about the whole thing," defense attorney Dan Hofmann said. "They should have paid more attention to the facts."

Carroll, 43, faces a felony theft charge claiming he stashed the proceeds from the December 2005 raffle in his personal bank account and left them there for more than 16 months.

County prosecutors will object to the defense motion to dismiss the indictment, saying the fact Carroll eventually turned over the money does not change his initial intent.

"The steps he took after the alleged theft are not relevant," said Nichole Owens, criminal division chief for the McHenry County State's Attorney.

Even by his own account, Carroll did not turn the money over until April 2007, and then only after he received a call from the Illinois Attorney General's office asking what happened with the funds.

Asked the reason for the delay, Hofmann said Wednesday: "I can't answer that."

Carroll, who is free on bond, is scheduled to appear in court March 25 when a judge will set a hearing date for his motion to throw out the indictment.