Witness recants story clearing murder suspect

A McHenry woman who repeatedly told investigators that police got the wrong guy when they arrested Kenneth E. Smith for the 2001 murder of Lakemoor businessman Raul Briseno recanted those claims under oath Wednesday.

Testifying at a hearing that will determine whether her earlier statements should be barred from Smith's upcoming retrial, Susanne DeCicco told a judge she made up a story that she was involved in the killing to enhance her reputation.

"I was 18 years old. It was bragging rights," DeCicco, now 25, said. "If I could take it back, I would, but I can't change what I've said."

McHenry County prosecutors are trying to prevent Smith's defense from showing jurors that DeCicco told nearly anyone who would listen that her former boyfriend and a cousin, not Smith, gunned down Briseno during a robbery of his Burrito Express restaurant in McHenry.

If they succeed, it could be a sharp blow to Smith's defense as the 32-year-old Park City man prepares to face trial in August on charges of first-degree murder and attempted armed robbery. Judge Sharon Prather said she would issue a ruling July 17 on the state's motion to bar DeCicco as a defense witness.

DeCicco, who is now in prison on an unrelated drug charge, implicated herself and the two men not only to friends and family members, but also to investigators from the Illinois State Police and the downstate Quincy Police Department.

Though she now says she was lying, defense attorneys believe her previous statements, some of which are corroborated by evidence from the case, could introduce reasonable doubt into the case.

Prosecutors, however, say the fact DeCicco now recants her claims under oath shows they are not credible.

"It's very difficult listening to her and believing anything she says," Assistant McHenry County State's Attorney Michael Combs said. "She's a liar. There's no safeguard of reliability (in her statements), and it should be barred."

But Smith's defense argues that two key witnesses against Smith -- co-defendants Justin Houghtaling and Jennifer McMullan -- have, like DeCicco, given conflicting accounts and recanted statements.

"To allow the state to use those statements as the crux of their prosecution, but not allow Mr. Smith to use similar statements to defend himself, we believe, is not appropriate," defense lawyer John Storino said.