Former Huntley man seeks new trial on child battery charge

A former Huntley man convicted of slamming his 11-week-old son's head into a home entertainment center and his wife told a McHenry County judge Wednesday their lawyers ignored requests they hire an expert witness to help prove his innocence.

The claims, strongly denied by the couple's father-son defense team, came Wednesday as Jay Siedelberg tried to win a new trial before he is sentenced to a minimum six-year prison stay on his conviction for aggravated battery to a child.

Siedelberg, 28, of West Chicago, was found guilty of the Class X felony after a three-day trial in December in which he admitted striking the boy's head on the piece of furniture - causing likely permanent brain damage - but said it was an accident.

A pediatric neurologist testifying for McHenry County prosecutors said that was virtually impossible, stating that the force required to cause the boy's injuries was similar to that from a serious car crash or fall from a second-story window.

Siedelberg and his wife, Kristina, testified Wednesday that they repeatedly asked their lawyers, Thomas and Dane Loizzo, before trial whether they should hire an expert witness to contradict those allegations.

"They said we didn't need one, because all they could say is what the injuries are, not whether I did it," Jay Siedelberg said.

Both Loizzos refuted those claims, testifying that they suggested hiring an expert, but Siedelberg and his family said they could not afford it.

"They never requested that we hire an expert because they could not pay the expert," Thomas Loizzo said.

The Siedelbergs also claimed the Loizzos gave them bad legal advice when they said incriminating statements he gave police after the boy's October 2005 injuries could not be used against him if he testified in his own defense. As it turned out, those statements were used against him.

"Had I known, I would not have testified," Jay Siedelberg said.

The Loizzos also disputed those claims, testifying Wednesday they did not tell Siedelberg that his past statements would not come back to haunt him.

Judge Joseph Condon took the request for a new trial under advisement, indicating he would rule April 30. If he denies the request, Siedelberg will be sentenced that day to between six and 30 years in prison.