Judge to review second accuser's records in Waukegan cop rape case

A Lake County judge said Monday she will review the personal records of a woman who says she was raped by a former Waukegan police officer.

Attorneys for Delatwan Haynes said they want the records studied for indications the woman may be lying about the attack.

Haynes, 32, was charged in June with taking a woman from downtown Waukegan in his squad car to a parking lot in the city and raping her.

He resigned from the department in January, shortly after the woman reported the attack to Waukegan police.

Last month, a second woman came forward and said she was raped in a similar fashion in fall 2002, and named Haynes as her attacker.

Waukegan attorney Jed Stone subpoenaed medical records from treatment that woman received in October 2002 at St. Therese Medical Center, now known as Vista Medical Center West.

He also subpoenaed records from the woman's substance abuse treatment at Nicasa during the same time period.

Stone said Monday he believes the woman went to Waukegan police in October 2002 and said she had been raped by two officers and did not identify either as Haynes.

He said Waukegan police took her to St. Therese for a psychiatric evaluation, and he believes there may be information in her file that would undermine her story.

During her treatment at Nicasa, Stone said, she was required to write an "autobiography" that he believes contains no mention of a sexual assault by police.

Stone said the woman came forward to accuse Haynes only after his arrest this year, and no charges have been filed against Haynes in connection with her claim.

"These revelations only came after she saw him on television and read about the case in the newspapers," Stone said. "The fact is that she has made these allegations on several occasions against several officers."

Lake County Assistant State's Attorney Patricia Fix said she believes the records could be of limited use in the case.

"If in fact a sexual assault examination was done at St. Therese, that information would be relevant," Fix said. "It is the state's position that any discussion of her mental state would be barred under the rape shield law."

Circuit Judge Victoria Rossetti said she would review the records in private before deciding what information, if any, she would release to the attorneys.

She asked the lawyers to provide her with briefs outlining their position on the records before she announces her decision Oct. 14.