Facio lawyer gets extension to figure out plea request

A Kane County Judge has given a public defender a three-week extension to formulate a request to withdraw Angel Facio's guilty plea.

Facio, 17, of Elgin, in February asked for a new trial in Kane County Circuit Court, where he was convicted of raping an 8-year-old neighborhood girl in September.

The handwritten request claims Hampshire defense attorney Nils Von Keudell inadequately represented Facio and interfered with his right to consult his mother.

The result was a 16-year prison sentence that Facio describes in his filing as "unethical, extremely too severe and amounts to cruel and unusual punishment."

Facio pleaded guilty to aggravated criminal sexual assault, a Class X felony, in September after he was accused of raping the girl. Ten related charges were dismissed in exchange for the plea.

By law, Facio had only 30 days to appeal his own guilty plea and request a new trial.

However, he could also file what the court calls a "post-conviction petition," a document claiming Facio's constitutional rights were violated in the case or that he is in fact innocent of the crime. Claims, according to the Illinois Bar Association, could include denial of due process, a fair trial, or inadequate representation.

Unlike the withdrawal of a guilty plea, a post-conviction petition does not adhere to the 30-day-time limit.

Judge Allen Anderson on Thursday stated it was unclear which request Facio was seeking, allowing public defender Don Lorek to order court transcripts from Facio's Sept. 18 sentencing to determine which route the teen will take.

The court documents will determine if Facio was properly informed that he had 30-days to appeal the guilty plea agreement.

"Determine which direction you wish to go," Anderson said. Facio's next court date is set for May 13.

Kane County Assistant State's Attorney Christine Bayer said that if Facio does file a motion to appeal his guilty plea, the state will present a motion to strike, as the request is outside of the 30-day time limit.

Lorek could not be reached for comment Thursday.

Last June, Facio was convicted of stabbing Elgin High School teacher Carolyn Gilbert in the head, neck and eye. Cook County Judge Edward Pietrucha sentenced Facio to a minimum of 18 months in a juvenile facility and up to17 years in adult prison if he was ever found guilty of violating the sentencing terms.

Facio is being held in the Illinois Youth Center in St. Charles. Another case, in which he is accused of the attempted January 2008 abduction of a 13-year-old neighbor, is pending in Kane County Juvenile Court.

• Daily Herald Staff Write Josh Stockinger contributed to this report.