Geneva poisoning suspect awaits evaluation before possible plea
A 54-year-old Geneva woman accused of fatally poisoning her husband in late January remains on suicide watch at the Kane County jail and still needs to have an evaluation completed before prosecutors will consider discussing a possible plea deal.
Julia L. Gutierrez, of the 0-99 block of Crissey Avenue, is charged with first-degree murder of her husband, Eduardo, 53.
Gutierrez, who faces 20 to 60 years in prison if convicted, appeared briefly in court Friday dressed in a fluorescent green jail uniform, which denotes suicide watch.
Assistant Public Defender Julie Yetter said she was unaware of any new suicide attempts by Gutierrez; she tried once in jail and once, according to prosecutors, after she poisoned her husband.
Yetter said her client is in the midst of an evaluation by the Kane County Diagnostic Center, which might be completed in a few weeks. Prosecutors want the evaluation completed before they engage in any discussions of a possible plea deal, Yetter said.
"We haven't even started talking," Yetter said. "The state made it clear they wanted the evaluation before we could even begin to negotiate."
Prosecutors say Gutierrez put an overdose of sedatives prescribed to her into a protein shake she made for her husband in late January and then tried to kill herself. Gutierrez also tried to kill her husband the same way in 2002, but no charges were brought against her because she complied with psychiatric treatment.
Prosecutors also say in court papers that they recovered a handwritten note admitting to the crime and advising of her attempt to kill herself. Authorities also say they have a package Gutierrez sent to a friend with a large amount of cash, a handwritten check and a note instructing the friend what to do with the money and check.
And prosecutors have an order to obtain handwriting samples from Gutierrez and plan to have an FBI expert compare it to the notes.
"We're at the bottom of the (FBI's) list because we don't have a trial date," said Assistant State's Attorney Greg Sams.
Gutierrez is next due in court Dec. 9 for a status update and a "possible plea," Judge D.J. Tegeler said.