Why a 40-year-old Elmhurst murder case is heading back to court

Phillip LaPointe strolled into a Elmhurst gas station four decades ago, showed off a .22-caliber revolver to his pal working behind the counter and declared that he was going to kill a cabdriver, authorities say.

Then he walked two blocks away to find a pay phone, called for a taxi and did exactly as he promised, police said at the time. Driver Peter Moreno was found later that day in March 1978, dead from two gunshots to his head.

LaPointe, then just 18 years old, later confessed to police, pleaded guilty to murder and was sentenced to life in prison.

Case closed, right?

At least that's how it seemed until last week, when a state appeals court sent the case back to a DuPage County courtroom with instructions that a judge order the scientific testing LaPointe hopes will earn him a new trial or perhaps even make him a free man.

Central to the appellate court's 25-page unanimous ruling is LaPointe's request for testing of fingerprints found in Moreno's cab; hair samples taken from the back seat; a package of cigarettes found near the crime scene; and a gun seized from LaPointe's home that was tested with "negative results."

In his court motion seeking the testing, LaPointe, now 58, argues that it could prove him innocent and might point the finger at his friend in the gas station, who provided police with key evidence.

A DuPage County judge rejected LaPointe's request two years ago, but the appellate court reversed the decision, finding that the testing is warranted. Justices, however, did little to hold back their skepticism that the testing will prove LaPointe innocent.

"We are aware that the defendant's theory of the case appears to be both novel and inconsistent with the theories of one or more of the (previous appeals) he filed," Justice Mary Seminara-Schostok wrote in the ruling. "Whether the evidence eventually favors the defendant or the State, its acquisition will contribute to the reliability of the criminal process and confidence in the ultimate result."

Check this out

In an era of online banking and Apple pay, consumers are writing checks less and less often to make purchases and pay bills.

But according to a new study from the Better Business Bureau, fake check scams are on the rise.

The number of check-related complaints to the Federal Trade Commission more than doubled between 2014 and 2017, the BBB found, with as many as 50,000 victims last year.

And while one might think that the victims would tend to be older, it's actually the tech-savvy youngsters who are less familiar with checking being preyed upon the most.

"Millennials especially need to understand fake check scams in order to protect themselves," said Steve Bernas, president and CEO of the BBB serving Chicago and Northern Illinois. "Fake check scammers rely on misunderstandings about checking in order to trap their victims."

Fake checks are used in a variety of frauds - from employment and sweepstakes scams to romance frauds - the BBB says. In all cases, victims deposit a check issued to them and then send money back to the scammers, only to learn too late that the check they received was bogus.

Federal banking rules require that when someone deposits a check, the bank must make the funds available within a day or two. So even when a check is credited to an account, it does not mean it was valid. If the check bounces, the victim is on the hook for the funds. The study recommends: organizations like the BBB, banks and regulatory agencies provide more education on check scams; law enforcement agencies work collaboratively to identify scammers and to take action against them; and more resources to prosecute scammers.

Honor roll

DuPage County Sheriff's Office Chief Anthony Romanelli, who heads up the county jail, has been named Police Chief of the Year by the Crisis Intervention Team International, an organization that promotes safe and humane responses to those experiencing a mental health crisis.

Romanelli helped develop the sheriff's offices's CIT team, which began operating in 2016. It has trained more than 300 officers, from the sheriff's office and other police departments.

Its five-day course teaches officers about mental illnesses; how to work with older adults; issues specific to children and adolescents; about autism, intellectual and developmental disabilities; how to verbally de-escalate situations; post-traumatic stress disorder in veterans; medical conditions and psychotropic medicines; and other topics.

Romanelli also developed the sheriff's post-crisis response team, which pairs a deputy sheriff and a mental-health technician with former inmates suffering from mental-health issues and provides support after they leave the jail.

Think or swim

Better think twice - as in twice the fines - before you take an illegal dip in a Kane County Forest Preserve lake or pond.

On the recommendation of district police Chief Mike Gilloffo, the forest preserve commission has doubled the fine for illegal swimming to $150. That's if you pay by mail within 10 days. After that, it will cost you $200.

The biggest problems are at Siegler Lake in the Big Rock Forest Preserve west of Sugar Grove, according to Gilloffo. The 36-acre lake is a former limestone quarry where police have caught people from as far away as Chicago jumping off a bluff into the water.

App-ly yourself

If you live in Aurora, up-to-the-minute info about local crime and the chance to share safety tips and more with your neighbors are now just a few phone or tablet clicks away.

City police announced this week that they're the first department in Illinois to sign up with the Neighbors app. The free app, available in the Apple Store, Google play or online at download.ring.com/aurorapd, allows its users to access and share details about crime and safety in their neighborhoods.

Aurora police will be using it to provide residents with safety alerts and other information.

"The Neighbors app allows us to be laser-focused on crimes that are occurring at the neighborhood level," Aurora Police Chief Kristen Ziman said in an announcement Wednesday. "Law enforcement has long said that we can't be everywhere at every time, but this app certainly expands our ability to share information with the community and enhances our relationships with the people we serve."

If you're interested, download the app, opt in to join your neighborhood and customize the geographic area you want to receive notifications about. Users must verify their location and can't sign up for other neighborhoods.

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