Hearing to reconsider fatal Elburn crash sentence delayed

An effort by Alia Bernard, an Aurora woman sentenced to seven years in prison for causing a crash that killed a St. Charles couple, paralyzed another man and injured 11 more people, to have her sentence reduced was delayed Thursday because prosecutors needed more time to review her attorney’s motion.

Defense attorney Bruce Brandwein wants Kane County Judge Allen Anderson to slice a year off Benard’s sentence or send her to boot camp.

The 27-year-old was sent to prison last month after she pleaded guilty to aggravated DUI in causing the deaths of Wade and Denise Thomas, who were in a pack of motorcyclists headed to Wisconsin the morning of May 23, 2009 at Route 47 and Smith Road near Elburn.

Bernard wasn’t drunk, high or impaired at the time, according to court testimony and police. But under Illinois law, if a person has any amount of an illegal drug in their system and causes a crash, that person is criminally responsible and prosecutors don’t have to prove impairment. Bernard testified she used marijuana the Thursday before the Saturday crash.

While it might seem unlikely Anderson will reduce Bernard’s sentence, the hearing is a needed step so Brandwein can appeal the case.

Meanwhile, crash survivors and relatives of the victims had to go back to court and relive the crash.

Ryan Anderson, an Elburn man whose car was pushed into the motorcycle group after it was rear-ended by Bernard, said he still didn’t see any remorse from Bernard.

“It’s frustrating because they’re dragging us through this again with continuance after continuance,” he said. “It’s just really hard on the families. You commit the crime, you do the time.”

Both sides are due in court again May 10 at which time a date will be set for oral arguments.