Trial begins for Huntley day-care operator accused of harming infant

Jury selection began in a McHenry County courtroom Monday for the trial of a former Huntley day-care operator accused of causing dozens of fractures and other injuries to a three-month-old boy in her care.

Eva M. Walton, 34, faces a charge of aggravated battery to a child alleging she squeezed the boy so hard in May 2005 she caused more than three dozen rib fractures.

Authorities say the boy also suffered a broken leg and burned tongue while in Walton's home-based day-care.

She has pleaded not guilty.

Attorneys quizzed potential jurors for about 31/2 hours Monday, settling on just four before recessing for the day. Along with the usual questions about their education, families, careers and experiences with the criminal justice system, lawyers asked potential jurors about their experiences with day care, whether they believed police were capable of tricking people and their feelings about the U.S. Secret Service.

The latter questions are key for Walton's defense, which hopes to convince jurors that a Secret Service agent duped the Huntley woman into making a false confession as part of preparations for a lie-detector test. Police called off the test after the agent, who traveled to Huntley to give the exam, reported that Walton had admitting harming the boy.

However, that defense tactic suffered a setback earlier Monday when presiding Judge Joseph Condon ruled that he could not force Agent Brad Beeler to testify about his experience and training in giving lie-detector tests.

Last week, the Secret Service sent McHenry County prosecutors a letter stating that Beeler would testify only about his interactions with Walton, and refuse to answer questions about his past experiences or training.

The letter prompted Walton attorney Mark Gummerson to argue heatedly that if he cannot fully cross-examine the agent, then he should not be allowed to testify at all.

Condon, however, cited the Supremacy Clause of the U.S. Constitution, saying that he, as a state court judge, cannot override the rules of the Secret Service.

"Do you believe this is a matter of national security?" Gummerson responded to Condon. "You're no longer running this trial. Agent Beeler and the federal government are."

The trial, which had been delayed repeatedly by previous courtroom battles over Beeler and by Walton giving birth to a child, is expected to last about two weeks. If convicted, Walton would face six to 30 years in prison.