Facebook photos show teen in fatal DUI case drinking, prosecutors say

Photos posted on the Internet show a St. Charles teen drinking alcohol in violation of her bail conditions in a fatal drunken-driving case, prosecutors said Wednesday.

The images of Erika N. Scoliere "appear to depict the defendant consuming alcohol and being present while alcohol is consumed by others," the Kane County state's attorney's office said in a motion seeking to raise or revoke the 19-year-old's bond.

Scoliere has pleaded not guilty to reckless homicide and driving under the influence in the July 2007 vehicular death of Frank Ferraro, 40, of South Elgin. Her attorney, Sarah Toney, said Wednesday she hadn't seen the photos and didn't know anything about them.

"We don't know what the pictures show, whether she was drinking, when they were taken or who took them," Toney said. "There's a lot of questions that have to be answered."

Scoliere was freed on $10,000 bond after being charged Sept. 17, 2007, about two months after her 2003 Ford Escape struck Ferraro's motorcycle at Randall and Silver Glen roads in South Elgin. One condition of her release prohibits alcohol consumption and being around others who are drinking.

Assistant State's Attorney Steve Sims said South Elgin police uncovered the photos at Facebook.com in the past few weeks, but declined to comment further. Whether they were put online by Scoliere herself or someone else was unclear.

South Elgin Police Chief Chris Merritt could not be reached for comment.

In September, Judge Allen Anderson turned down a previous request by prosecutors to raise or revoke Scoliere's bond after she failed to check in with the probation office for nearly a year, as ordered. The defense argued there was a misunderstanding and that Scoliere was waiting for court officials to contact her. She since has kept up the monthly appointments.

Anderson could rule on prosecutors' latest motion Feb. 19.