Plea deal stands in Wauconda abuse

Despite statements made last week, a Wauconda woman who pleaded guilty to child molesting is apparently going to stand by her deal with prosecutors.

An attorney for Tiffany Horak told Lake County Circuit Judge Fred Foreman on Wednesday her client intends to abide by her pledge to testify against her husband.

The announcement drew a rebuke of Carl Horak's attorney from the prosecutor in the case, who said the defense attorney should be kicked off the case and may be called as a witness.

Waukegan attorney Robert Ritacca denied he told Foreman at a Sept. 3 hearing that Tiffany Horak wanted out of her plea agreement, and claimed he only said she told him she was considering the move.

Both Horaks were arrested in January and charged with multiple counts of predatory sexual assault of an 8-year-old boy.

In July, Tiffany Horak pleaded guilty to a single count of that charge in exchange for a 14-year prison sentence, and agreed to testify against Carl Horak.

But on Sept. 3, Ritacca told Foreman he had received a letter from the woman in which she claimed she wanted to withdraw her guilty plea and was going to refuse to testify.

Tiffany Horak was represented by the county's public defender's office in her criminal case. On Wednesday, Assistant Public Defender Kathleen McGee told Foreman her client had no such intention.

Assistant State's Attorney Ari Fisz said he believed Ritacca had engaged in unethical conduct by meeting with Tiffany Horak at the county jail before her transfer to prison.

Fisz said guidelines prohibit attorneys from meeting with individuals who are already represented by attorneys without the permission of that individual's attorney.

McGee said the public defender's office received no such request from Ritacca, and Fisz said Ritacca should be disqualified from representing Carl Horak.

"At the very least, he should be taken off the case because of the meeting," Fisz told Foreman. "I believe he may have made himself a witness in this case and I will be forced to subpoena him."

Ritacca denied he had violated any ethical rules.

"She was a witness in this case and I have an absolute obligation to meet with witnesses against my client," he responded. "The state is just blowing smoke."

Foreman ordered all parties to the case to exchange copies of written correspondence between Tiffany Horak and Ritacca, as well as a letter Tiffany Horak sent to Foreman that the judge said he has not yet read.

All the lawyers declined to allow reporters to examine the letters.

Foreman told the lawyers to prepare any motions they believed were necessary and return to court Sept. 22.