Defense claims grand jury misled in theft case

The defense for a Lake in the Hills man accused of stealing $225,000 from his mother-in-law asked a judge to throw out the charges Tuesday, claiming authorities misled the grand jury that indicted him and ignored evidence proving his innocence.

Michael W. Greer, 46, faces felony charges of financial exploitation of an elderly person and forgery stemming from an investigation into allegations he used a position of authority over his now-deceased mother-in-law to gain control of substantial assets.

But defense lawyer Thomas Loizzo argued in court Tuesday that the Greer received the money as a loan to his business and that there are documents - including a promissory note signed by Greer's brother and business partner - supporting that claim.

"If the grand jury had known that fact, if they had known it was a loan for $225,000, they would have known this was a civil matter that doesn't rise to the level of criminality," he said.

Loizzo said a police investigator misled grand jurors when he inaccurately testified that Greer held power-of-attorney over his mother-in-law. A key element of the financial exploitation charge is that the defendant holds a position of trust or authority over the victim.

"If this information had been presented to the grand jury (correctly), there's no way they would have returned an indictment," he said.

Assistant McHenry County State's Attorney Ryan Blackney agreed the investigator's testimony was mistaken, but argued that it would not have made a difference.

"The defendant would have been indicted by the grand jury even if that inaccurate information had not been given to them," he said.

Addressing the promissory note, Blackney said authorities believe Greer forged it in order to cover his tracks once his financial transactions began drawing scrutiny.

McHenry County Judge Sharon Prather said she would rule Nov. 24 on Greer's motion to dismiss the charges.

The exploitation charge is a Class 1 felony punishable by four to 15 years if he is found guilty. The forgery charge is a Class 3 felony punishable by two to five years in prison.