Judge won't let Elgin teen change rape plea

After two years, three separate cases, three different lawyers and dozens of appearances, Angel Facio's journey through the Cook and Kane County court systems could be at its end.

Kane County Judge Allen Anderson Monday dismissed the Elgin teen's request for his guilty plea to be withdrawn from the August 2007 case involving the rape of an 8-year-old Elgin girl.

"I'm just not finding any specific facts to grant that relief," Anderson said.

Shackled and wearing a gray sweatshirt and navy pants, Facio cast his eyes downward for much of Monday's hearing. Only his mother, Sinthia, sat in the audience with a friend.

Anderson's ruling follows a Kane County juvenile court decision earlier this fall to dismiss the case in which Facio was accused of attempting to abduct a 13-year-old Larsen Middle School student. He was convicted in June 2008 of attempted murder in Cook County juvenile court for stabbing Elgin High School teacher Carolyn Gilbert in the head, neck and eye.

Facio, now 18, in February had asked for a new trial in Kane County circuit court where he was convicted last September in the rape case. He received a 16-year prison sentence after pleading guilty to aggravated criminal sexual assault, a felony. Ten related charges were dismissed in exchange for the plea.

Facio's handwritten request claimed Hampshire defense attorney Nils Von Keudell "terrified and coerced" Facio into accepting a plea agreement by "means of lying and inflicting fear."

It also claimed that Von Keudell "misadvised and interfered with family transfers, namely defendant's mother and guardian."

Facio described the 16-year sentence as "unethical, extremely too severe and amounts to cruel and unusual punishment."

On Oct. 1, Facio claimed his constitutional rights were violated during the plea proceedings.

On Monday, the first court appearance since that filing, Kane County Public Defender Donald Lorek argued that Facio's request should be granted for a number of reasons.

Among them were that he was 16 at the time and was being treated for depression and taking medication for it. Facio "did not fully understand or comprehend the legal process which he was engaged in," Lorek argued.

Lorek also told the judge Facio did not believe he was given effective counsel.

Assistant State's Attorney Christine Bayer argued there were no indications that a lack of education would prevent Facio from understanding the guilty plea.

Being treated for depression, she added, was nothing new. Facio has been on Zoloft and Prozac since pleading guilty in the June 2008 Cook County Court case, according to court documents. Bayer added that simply claiming Von Keudell was an ineffective attorney was far too vague.

Facio has 30 days to appeal to the appellate court.

He will return to the Illinois Department of Juvenile Justice in downstate Kewanee, where he is receiving mental health and sex offender treatment.