Prosecutors to seek second opinion on killer's possible release

McHenry County prosecutors can obtain a second opinion on whether a mentally ill Crystal Lake woman who killed her elderly mother nine years ago is ready to leave a state hospital, a judge said Friday.

Prosecutors are asking for the second evaluation to possibly contradict that of the state's Department of Human Services, which last month asked a court to give Alice E. Bair a conditional release from the Elgin Mental Health Center, nine years after she killed her 88-year-old mother.

Bair, 68, has been in custody at the Elgin facility since 2002 when a judge ruled her not guilty by reason of insanity for the March 2001 slaying authorities said stemmed from a dispute over dogs.

According to witnesses at her trial, Bair was undergoing a psychotic episode when she beat and sat on the chest of her mother, Margaret Bair, inside her Crystal Lake home. Margaret Bair died as a result of multiple rib fractures and collapsed lungs, according to the evidence.

If released, Bair would live under conditions set out by the department of human services, likely including requirements that continue treatment and residing where they choose. If she violates any of the conditions, her release could be revoked and she would be returned to state custody.

County prosecutors announced last week they will oppose any release for Bair, saying it would not be appropriate. Prosecutors on Friday did not name from whom they might seek a second opinion, but obtaining the evaluation will postpone a Sept. 29 court hearing on Bair's request for release.