Grand jury 'misled' in Aurora bridge drop case, defense says

A defense attorney argued Thursday that an attempted murder indictment against Jonathan Zinke should be dismissed, saying the grand jury was misled because it was not given sufficient information and context about the information it did receive.

Zinke, 34, of Aurora, was charged with attempted murder and aggravated battery. Police said that on Nov. 28, 2008, he threw his 28-year-old girlfriend off the Galena Boulevard bridge in Aurora into the Fox River.

Zinke also faces charges of domestic battery and aggravated assault.

Attorney Julia A. Yetter argued that because the Kane County grand jury was not told that the victim had alcohol and cocaine in her bloodstream, that prevented them from being able to judge the credibility of her testimony. "That (the intoxication) certainly goes to the reliability of her statement," Yetter said. Aurora Detective Robert Daniele testified Thursday that he received her medical report from Provena Mercy Medical Center before testifying to the grand jury.

Yetter also argued that Daniele's testimony that police received 911 calls about a woman "being thrown off a bridge" misled the grand jury because he was not asked - by the state's attorney or grand jurors - about subsequent police interviews with the callers wherein both said that they did not actually see him drop her. Both said they had turned away to get their telephones and then heard a splash and saw the woman in the river.

Assistant State's Attorney Mark Stajdohar argued, however, that the state is not required to present all evidence to a grand jury, even if some may be exculpatory. "There is no law that we have to present evidence of her intoxication," he said, and that even if the testimony from the other witnesses is excluded, "The victim's words alone are enough to sustain an indictment."

Judge Allen Anderson will rule on the motion at 1:30 p.m. Sept. 17. Zinke remains in the Kane County jail on $750,000 bond.