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Judge’s reference to other cases in verdict gets murder conviction thrown out

When testimony and closing arguments end, and jurors are sent off to reach a verdict, they’re instructed to consider only the evidence they heard during trial and not any outside information.

The same goes for judges, a state appeals court ruled this week when it threw out the first-degree murder conviction of a suburban man found guilty of strangling his girlfriend to death.

The unanimous decision from the Second District Court of Appeals found that a Kane County judge committed “plain error” when he cited facts he learned in other cases to convict Getzuri Arellano following a bench trial last year.

Arellano, 26, is accused of killing 20-year-old Natalie Jimenez, his girlfriend and the mother of his child, during an argument in their Aurora home on Dec. 9, 2020.

Following a trial in which Arellano testified that he put his hand on Jiminez’s neck, but only briefly and in self-defense, Judge David Kliment found him guilty and later sentenced him to 29 years in prison.

Key to the verdict was Kliment’s determination that Arellano knew that placing his hand on Jiminez’s neck created a strong probability of death or great bodily harm. In explaining that finding, Kliment — the former Kane County public defender — cited knowledge he’d gained from his involvement in other cases about injuries similar to those suffered by Jiminez.

Those remarks, the appellate court ruled, amount to “clear and obvious error” because the judge considered information that wasn’t part of Arellano’s trial.

“Had the court relied solely on the evidence presented in this case and refrained from drawing conclusions based at least in part on observations in other cases, it is entirely conceivable that the court would have found a reasonable doubt … ,” Justice Robert D. McLaren wrote. “The court’s improper reliance on information garnered from other cases might have tipped the scales of justice against (the) defendant. Accordingly, defendant’s conviction must be reversed, and he is entitled to a new trial.”

Arellano, who wasn’t set for parole until 2050, will now be returned to Kane County for a possible retrial or other resolution to his case. A new trial date has not been set.

The goodest girl:

Congrats to DuPage County sheriff’s dog Xena and her partner, sheriff’s deputy Aaron Davis, who recently won the Illinois Sheriff’s Association’s K-9 Heroes Award.

DuPage County sheriff's deputy Aaron Davis and canine partner Xena recently received the Illinois Sheriff's Association's K-9 Heroes award. Courtesy of the Illinois Sheriff's Association

Xena, a 6-year-old chocolate Labrador retriever, was honored for her exceptional work in narcotics and human remains detection, according to the ISA.

The annual award was created to celebrate the service and sacrifice of police dogs and their handlers across Illinois. Xena was among eight dogs nominated this year.

“Great work Aaron and Xena,” DuPage Sheriff James Mendrick wrote on social media after the award was announced. “They are an amazing canine team! The residents of DuPage County are made safer because of their tireless work!”

According to the ISA, Xena was born in the Netherlands and joined the sheriff’s office at 14 months old. She’s trained to detect the odor of illegal drugs and human decomposition in all phases.

Besides their work in DuPage, Xena and Davis have helped police across the state and in Indiana. Career highlights include locating more than 350 pounds of marijuana, 30+ kilograms of cocaine, heroin, methamphetamine and fentanyl and more than $4.5 million in cash tied to drug trafficking.

DuPage County sheriff's dog Xena, a 6-year-old chocolate Labrador retriever, and her partner, sheriff’s deputy Aaron Davis, were honored by the Illinois Sheriff's Association for their skills in detecting illegal drugs and human remains. Courtesy of the Illinois Sheriff's Association

She’s also helped police locate remains associated with missing persons, homicides and other deaths.

“Xena has located subjects that have been buried, burned, submerged and otherwise concealed, as well as the simpler task of locating deceased subjects in check of well being situations,” according to the sheriff’s association. “To date Xena and Deputy Davis have over 35 Human Recovery finds that have helped families with closure.”

From jailbirds to bookworms

A Cook County Sheriff’s Office bus has gone from delivering inmates to delivering imagination, intellect and inspiration.

The sheriff’s office on Wednesday announced the launch of its new “Book Bus,” a former jail transport coach converted into a mobile library that will bring thousands of books to underserved parts of the county.

“This is more than just a bus — it’s a vehicle for opportunity, imagination, and hope,” Sheriff Tom Dart said in the announcement. “Books should never feel out of reach. Reimagining what a library can look like, we’re bringing stories, knowledge, and imagination straight into the neighborhoods that need them most.”

Chicago Wrap, which has locations in the suburbs and Chicago, gave the bus a full interior and exterior makeover. To see a video of the transformation, visit facebook.com/reel/842647364780931.

This former Cook County Sheriff's Office jail transportation vehicle has been transformed into the Book Bus. The bus will deliver thousands of books to kids in parts of the county with limited access to library services. Courtesy of the Cook County Sheriff's Office

More than 3,900 books have been donated to stock the shelves so far. Kids who visit the bus will be given a membership card and are encouraged to return books during future visits. But there will be no penalties for unreturned books.

Community groups and local organizations interested in bringing the Book Bus to their area can email bookbus@ccsheriff.org.

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