Detention hearing delayed, for third time, for Geneva murder suspect

The pretrial detention hearing for a man accused of killing a woman and child in Geneva was postponed for a third time Thursday.

Alejandro Cota, 50, appeared before Kane County Judge Julia Yetter. He is accused of stabbing Christina Chivara, 47, and her son, Damien Chivara, 13, to death at their home on Dec. 26. Cota was arrested that night.

Cota’s attorney, assistant public defender Ron Dolak, said he was recently assigned the case because the public defender’s office did not have time last week to assign a permanent attorney.

Dolak also said that before Thursday, all he had received from prosecutors was six photographs and a short video. Then prosecutors sent about 1,000 more items on Thursday morning, he added.

Kane County State’s Attorney Jamie Mosser argued that prosecutors will send more evidence throughout the case, as is standard practice. She said the detention hearing should not be delayed because of that.

Dolak asked to reschedule for Jan. 21. But Judge Julia Yetter said she wanted to do it sooner and scheduled it for Tuesday morning.

State law requires a detention hearing within 48 hours of arrest unless the defendant agrees to a continuance.

Mosser said she intended to present photos, a police synopsis and a Facebook Live video on Thursday. She was also going to show the judge a police body-worn camera video that, she said, depicted Cota attempting to flee. She also would have presented the preliminary autopsy results for Damien Chivara.

Mosser also argued that state court rules prevent her from giving much information to the public about the incident until a hearing is held.

Geneva police have refused to give more details, too, saying they are waiting for the hearing. They also denied a Daily Herald request for copies of police reports, and the TriCom emergency dispatch agency has denied a request for copies of any 911 calls.

“There is a public safety aspect of this that the public deserves to know,” Mosser told Yetter, pointing to spectators in the courtroom. Among them were Geneva Mayor Kevin Burns and friends and relatives of the victims.