No plea deal for teen expected in Waukegan texting-while-driving case
The attorney for a 17-year-old Winthrop Harbor girl accused of texting behind the wheel when she struck and killed a 45-year-old Waukegan man said he believes there will be no plea deal before the case goes to trial.
Attorney Alan Blumenthal also filed a motion to suppress statements made by Justine Kerscher to police, because he claimed she was never read her Miranda rights by police officers before she was questioned about the fatal accident.
"Police took statements from her immediately after the accident and again the next day," Blumenthal said. "She was never read her Miranda rights at all on either occasion."
Lake County prosecutors did not comment on the case after court Friday.
Blumenthal said in court the two sides had been meeting about a potential resolution to the case but added "at this point, we do intend to go to trial."
He also requested a meeting with Judge Daniel Shanes to assist in negotiations, but Shanes said he takes part in those conferences only on very rare cases.
Kerscher pleaded not guilty in Lake County court in January to one count of aggravated use of an electronic device that resulted in death.
Prosecutors said Kerscher was sending a text message Aug. 21 when she swerved the minivan she was driving and struck Mark Baker while he rode a bicycle at Beach Road and Pine Street in Waukegan. Baker died from his injuries Sept. 14.
Kerscher, who was charged as an adult, is free on a $25,000 signature bond. Drugs and alcohol played no part in the crash, authorities said.
Blumenthal said Kerscher "was not sending a text," and there may be factual disputes over the use of her electronic device before the accident.
Aggravated use of an electronic device resulting in death is a felony punishable by probation to three years in prison.
Shanes removed the case from the scheduled June 22 trial date and set a July date to argue the latest motions.
Blumenthal said the goal is to have the trial wrapped up before Kerscher leaves for college in the fall.