St. Charles woman involved in biker's death ruled not a flight risk

A St. Charles woman charged with reckless homicide was freed of her bond conditions Wednesday while prosecutors appeal a judge's decision to suppress their key piece of evidence.

Erika N. Scoliere is charged with reckless homicide and aggravated drunken driving in a July 13, 2007, crash that killed 40-year-old motorcyclist Frank Ferraro of South Elgin. The crash occurred on Randall Road in South Elgin.

Kane County Judge Thomas E. Mueller said 20-year-old Scoliere poses no threat to the community and is unlikely to flee over the course of the potentially lengthy appeals process. As a result, Scoliere is no longer ordered to wear an electronic anklet that detects alcohol use or check in regularly with the court.

The state's case against her was hampered critically last month when Mueller ruled police did not have probable cause to take a blood sample purporting to show Scoliere was drunk after the crash.

On Monday, prosecutors filed an appeal to overturn that decision, saying it "substantially impairs" the state's case.

Defense attorney Stephen Komie argued that forcing his client to remain on bond while awaiting a ruling by the appellate court would amount to "putting her life on hold" for a year or more.

"This lady can't even go to church in a dress," Komie said, referring to the alcohol-detection anklet.

After Wednesday's hearing, Scoliere spoke briefly to reporters outside court, saying she hopes to move on with her life soon.

"I feel really bad, and I'm sorry for the family and their loss," she said. "I pray every day for them."

Whether the state will proceed with its case or go to the Illinois Supreme Court if the blood evidence suppression is not overturned is unclear. Assistant State's Attorney Steve Sims declined to comment.

Scoliere, a student at Elgin Community College, faces up to 14 years in prison if convicted.