Should depression delay molestation trial of Roselle man?

At 89, Chester A. Stabrowski will die in prison if convicted of molesting two boys he befriended through church.

The Roselle man has struggled with thoughts of suicide, hopelessness, and a lack of memory, concentration and energy in the two years since his arrest, his attorneys say.

But does his condition make him temporarily mentally unfit to stand trial?

DuPage Circuit Judge George Bakalis will answer that question April 16.

At Friday's fitness hearing, forensic and clinical psychologist John Murray testified Stabrowski is unable to adequately assist his attorneys due to the severity of his symptoms while suffering from a major depressive disorder. Murray, though, said the defendant most likely could be restored to fitness in time with treatment.

Stabrowski is accused of molesting the boys, both under 13, during a pool party at his home in summer 2007 after befriending them while volunteering at St. Walter Church in Roselle. At the time, he was active in his community through the local Knights of Columbus.

Police learned of the allegation several months later after one of the boys told a parent. The parent contacted St. Walter's pastor, who immediately notified police.

Stabrowski faces a mandatory life prison term if convicted of the predatory criminal sexual assault of both boys.

Prosecutors Enza LaMonica and Michael Pawl pointed out examples in which Stabrowski demonstrates that he understands the nature of the criminal proceedings. Three other doctors who saw Stabrowski did not note a mental health deficiency, the prosecutors said.

"What it really comes down to is that he's sad," Pawl said. "He's depressed, which is reasonable. He knows if he goes to prison he's coming out feet first. That's what he said. It does not appear that this is an overwhelming psychological condition. He functions fine."

Not true, countered defense attorneys John Muldoon and Elliot Samuels. They raised a "bona fide doubt" about Stabrowski's fitness and frequent confused state months ago while trying to prepare for trial.

They also noted Murray, whose highly regarded opinion is frequently sought in DuPage County criminal cases from both sides, spent the most time evaluating Stabrowski. Murray said the degree in which Stabrowski feels overwhelmed and unable to cope is why he is temporarily mentally unfit.

"There's a difference between being depressed and suffering depression as a disease," Muldoon said. "I think the state is confusing an emotion with the disease."

Stabrowski, who is free on bond, is a widower who lives alone. He does not have a prior criminal history.