Casciaro defense lawyer didn't violate ethics rules, judge rules

A defense lawyer for murder suspect Mario Casciaro did not violate attorney conduct rules in public comments last month questioning the evidence against his client, a McHenry County judge said Friday while admonishing both sides to watch what they say in the future.

Judge Sharon Prather cleared defense attorney Brian Telander of rules violations Friday at a hearing in which she also heard Casciaro's defense complain that prosecutors provided them with numerous inconsistent accounts of what their client is accused of doing and called the key witness against him a liar.

"(Prosecutors) need to pick their version, and what it's going to be, so we can prepare," William Gibbs, Telander's co-counsel, said. "Referring to the police reports, in which there are multiple versions, doesn't help."

Prather, however, refused to order prosecutors to provide a more detailed explanation of their case, saying the law does not entitle the defense to more than what it's already received.

Casciaro, 26, of the 2700 block of Patricia Lane in McHenry, faces five counts of first-degree murder and one count of concealment of a homicidal death in the slaying of a 17-year-old Johnsburg boy who vanished in Dec. 20, 2002.

Brian Carrick was last seen that night at Val's Foods, a grocery store near his home where he worked and Casciaro was his supervisor. Traces of Carrick's blood were found in the store, but there has been no other sign of him since.

The charges allege Casciaro, or someone for whom he was legally responsible, struck Carrick in the head during an act of intimidation and unlawful restraint, causing his death. Casciaro, who is being held in the county jail on $5 million bond, has pleaded not guilty.

Statements from defense lawyers in court Friday indicate authorities believe a dispute between Carrick and Casciaro over drugs or money may have led to the murder. However, Gibbs said, there are conflicting witness statements in police reports about exactly how and when Carrick died, and what was done with his body afterward.

The state's case could rest largely on the testimony of Shane Lamb, a 25-year-old Lake Bluff man believed to have cut a deal with prosecutors in which he will receive immunity for his part in the killing in exchange for testimony against Casciaro.

According to reports, Gibbs said Friday, Lamb told authorities he struck Carrick and then left the store believing he was still alive. Prior court documents indicate authorities believe Casciaro had asked Lamb to intimidate Carrick. Lamb currently is serving a six-year prison term on unrelated drug charges.

Telander questioned Lamb's credibility Friday.

"I know I can't say (to the press) that Shane Lamb is a liar, even if I think that he is and, to be frank, I do think that," he said.

Telander sharply criticized the prosecutor who complained that he had violated the rules, saying the assistant state's attorney was working off an outdated set of regulations governing attorney conduct.

"Maybe he should do a little more homework when he is going to accuse a fellow member of the bar," he said.

Casciaro is scheduled to return to court June 18 for a pretrial status hearing. No trial date has been set.