Judge clears perjury charges linked to McHenry teen's disappearance
A judge Wednesday cleared a McHenry man of allegations he lied to a grand jury when he denied telling a former friend he knows what happened to a 17-year-old high school student who vanished nearly seven years ago and is believed murdered.
McHenry County Judge Sharon Prather ruled that testimony from the friend, who claimed Mario Casciaro told him how the teen died and where his body was dumped, was not enough to convict Casciaro of two perjury charges.
"(Case law) dictates that the testimony of a single witness is sufficient only if that testimony is confirmed or corroborated by other evidence," Prather said. "The state has failed to do so.
"The court recognizes there is an extremely difficult burden for the state in this case, but that is the law as it exists and this court must follow it," she added.
"Justice prevailed," Casciaro, 26, said after the ruling. He otherwise declined to comment.
"I think she made the right decision based on the law and we're happy that it's over," his attorney, William Gibbs, said. "Now Mario can get back to his normal life."
The ruling ends a two-year case that some hoped would unlock the mystery surrounding the 2002 disappearance of Brian Carrick. The high school junior was last seen Dec. 20, 2002 working at a grocery store across the street from his Johnsburg home. Police said they found blood in a cooler and other signs of a struggle in the store, where Casciaro also worked, but no other trace of Carrick has been seen since.
County prosecutors say the investigation into the disappearance remains open.
"We have an idea of what happened to Brian Carrick," said Nichole Owens, criminal division chief for the McHenry County State's Attorney. "It's a matter of proving it."
Casciaro went on trial Tuesday on charges alleging he misled the grand jury when he denied telling former friend Alan Lippert that he knows what happened to the teenager. Lippert testified that he and Casciaro discussed the disappearance in October 2006 after a night of drinking at a Fox Lake bar.
"I asked him, 'Is it true that you told (a third man) to kill Brian?' " Lippert said. "He said it wasn't even like that. He said that Brian owed him money and he told (the man) to scare him and that something happened, it got out of hand and there was an accident."
Prosecutors, however, did not have evidence corroborating Lippert's testimony, Prather ruled.
They initially believed otherwise when Lippert wore a wire to record purportedly similar statements from Casciaro. However, recording proved to be inaudible for use in court.
"Had it been admissible, it would have been a significantly stronger case," Owens said. "It was unfortunate."
Another man, Robert Render, 23, is awaiting trial on charges of concealing a homicidal death in connection with the case. However, no one has been charged with killing Carrick.