Elgin man’s acquittal reversed by appellate court
An Elgin man who was acquitted by a Kane County judge of aggravated battery and mob action because the victims in the case didn’t show for the trial is facing the same charges again.
An appellate court panel reversed the acquittal of 37-year-old Esteban Martinez, ruling that Judge Timothy Sheldon abused his discretion when he forced a trial to go forward in May 2010 even though the two victims in case weren’t there to testify and Martinez was late for his own trial.
No new court date has been set for Martinez, who was accused of attacking two Elgin men July 6, 2006.
According to the appellate court ruling, a frustrated Sheldon declined to grant the prosecutors a continuance when the May 17, 2010 trial was to begin and the victims, despite being subpoenaed to testify, were nowhere to be found.
Sheldon, according to the ruling, said the case had dragged on for nearly five years and a jury was empaneled and waiting to hear evidence.
The trial started but prosecutors said they would not be offering any evidence. Sheldon then acquitted Martinez of the two felonies, the most serious of which carried a top prison term of five years.
The appellate panel noted the numerous missed court dates by Martinez, which resulted in a warrant being issued for his arrest in fall 2007 and his eventual arrest in summer 2008.
The appellate panel noted prosecutors were only responsible for a small portion of the case’s delay and asked for their first continuance in July 2009 only because police could not locate the two victims to testify.
“The interests of justice would have been better served by continuing the matter while the authorities sought to compel (the victims’) presence by force,” the panel ruled.
The panel also took Martinez to task as well, writing: “In his appellate brief, defendant does not even acknowledge his prolonged absence from the proceedings. His insinuation that the delay before trial was largely the state’s fault is not well taken.”
Learn about cyberbullying: Kane County Assistant State’s Attorney Jamie Mosser will host a presentation about cyberbullying — the use of computers or cellphones, to harass, threaten, humiliate, or otherwise hassle their peers — at 7 p.m. Thursday at the North Aurora Police Department, 200 S. Lincolnway.The presentation is free. Call Officer Robyn Stecklein at (630) 897-8705 ext. 716 or email rstecklein@vil.north-aurora.il.us to register.Aurora officers honored: Two Aurora police officers shared August Employee of the Month honors for saving the life of a 27-year-old woman. Enrique Rodarte and Nathan Petschke answered a call to assist an ambulance April 30 and found the woman unconscious, not breathing and turning blue. The two administered CPR and when paramedics arrived, she started breathing on her own.