Shooting suspect claims police illegally recorded him

The attorney for a Crystal Lake man accused of shooting his girlfriend in the face 20 months ago filed court documents Monday claiming police violated his client's rights, and perhaps state law, by secretly recording his conversations with detectives.

In a motion asking a judge to keep a jury from hearing statements Dale Barkstrom made to investigators, defense attorney Al Stavros says Crystal Lake police may have broken eavesdropping statutes while questioning the shooting suspect in November 2008.

Stavros claims police never notified Barkstrom during four hours of questioning that their conversation was being audio and video recorded.

"Had the defendant been informed of the video/audio recording and had he been properly advised of the possible future use of said audio/video recording, the defendant would have involved his Miranda rights and would not have consented to the interrogation without counsel present," Stavros states.

The case's prosecutor, Assistant McHenry County State's Attorney Ryan Blackney, declined to comment on the defense claims Monday.

Barkstrom, 30, of the 0-100 block of Terra Cotta Avenue, faces charges of attempted murder and aggravated battery with a firearm in connection with the Nov. 23, 2008, shooting of his 28-year-old girlfriend.

In a previous court hearing, Stavros said Barkstrom kept a handgun under his mattress for home security. On the morning of the shooting, he said, one of Barkstrom's large dogs jumped on the bed, causing the firearm to fall to the floor. When Barkstrom reached over to retrieve the gun, it accidentally discharged, firing a shot into his girlfriend's face, Stavros said.

Police, however, said physical evidence from the scene contradicted Barkstrom's account and the charges allege it was an intentional shooting.

Barkstrom, who is free on $50,000 bond, is scheduled to return to court Oct. 15 for a hearing on his motion to suppress statements to police.