Attorneys: State's finances could affect stabbing suspect's defense
Attorneys for a man accused of stabbing three members of a Hoffman Estates family to death say Illinois' financial crisis could threaten his defense.
D'Andre Howard, 20, of Hoffman Estates is charged with first-degree murder and unlawful restraint in connection with the stabbing deaths of 18-year-old Laura Engelhardt, her father Alan, 57, and her maternal grandmother Marlene Gacek, 73, at the family's home last month. He also is charged with attempted murder of 52-year-old Shelly Engelhardt, Alan's wife and Laura's mother.
Howard appeared in a Rolling Meadows courtroom Friday where Cook County Judge Kay Hanlon set May 28 for his arraignment. If convicted, he could face the death penalty, although the state's attorney's office has not determined whether Howard's will be a capital case. Until then, the defense and the court proceeds as if it were. That's where the state's financial woes become a factor.
Howard, of the 900 block of Evanston Street, is represented by the county public defenders office, which has a Capital Litigation Trust Fund that covers expenses for clients facing the death penalty. The problem is the fund is bankrupt, said defense attorney Jim Mullenix.
Moreover, said Mullenix, it could be months before the General Assembly replenishes the fund, which pays for DNA testing, investigations, depositions from psychiatrists and other experts, jailhouse informants and mitigation specialists among other services.
"At this point we can't hire people to assist in D'Andre's defense," said co-defense counsel Julie Koehler.
Howard remains heavily medicated and under quarantine at Cook County Jail receiving treatment for wounds he sustained when police say Laura Engelhardt cut him on the arm during an altercation. Howard is also undergoing mental health treatment, Koehler said.
Howard lived with Engelhardt's oldest daughter Amanda, 23, and is the father of their young daughter, Stelliah. Police say a confrontation between Amanda and Howard precipitated the stabbings.
Koehler said Stelliah is on Howard's mind. "He loves his daughter," said Koehler. "He talks quite a lot about Stelliah."
A ward of the state since the Illinois Department of Children and Family Services removed him from his family at age 5, Howard lived in seven foster homes between the ages of 5 and 10, Koehler said. He also spent time at numerous residential facilities, including Maryville Academy in Des Plaines, which he left in 2003. Howard also resided at the Alternative Behavior Treatment Center, a Mundelein facility that treats young men who have experienced severe trauma, including violence and/or sexual abuse. Howard left that facility two years ago against doctor's orders.
Howard's mother Constance Taylor and father Earl Howard, both from Minnesota, were among eight family members in court Friday. The family attempted to visit him on Thursday but were unable to do so, said Mullenix, who suggested restrictions imposed on visitors after a county jail inmate tested positive for the H1N1 virus earlier this week may have prevented their visit.
The family plans on attending Howard's court dates, said Koehler, who hopes their presence will help their client become more communicative.
During Friday's hearing, prosecutors announced the dismissal of a misdemeanor battery charge against Howard. Prosectors did not return calls seeking information on the dismissed charges.