More details emerge in DuPage judge's reckless driving charges
A DuPage County judge charged with reckless driving fled after striking a parked car, ignored stop signs and narrowly missed a teenage jogger while speeding from Glen Ellyn to his home in Wheaton, prosecutors said.
Police did not ask Circuit Judge Kenneth L. Popejoy to submit to sobriety tests after they tried to question him in his home last week, within minutes of various 911 calls alerting them to an erratic driver.
Authorities revealed those new details this week in response to Daily Herald inquiries about the circumstances behind the accident involving one of the 18th judicial circuit's most respected and well-liked judges.
Popejoy is charged with reckless driving, failure to give information after striking an unattended motor vehicle and failure to reduce speed to avoid an accident. The first two charges are misdemeanors, punishable by up to one year in county jail and a $2,500 fine. He is due in court Aug. 3, and DuPage County court officials said they are lining up an out-of-county judge to hear the case.
DuPage State's Attorney Joseph Birkett said the 59-year-old Popejoy hit an unoccupied green 1995 Jeep Grand Cherokee parked on the 300 block of Ridgewood Avenue about 8:30 p.m. June 29. Afterward, Popejoy is accused of fleeing in his 2003 Jeep Liberty toward his Wheaton home nearly three miles away without reporting the accident. A woman walking her dog witnessed the crash and called 911.
Minutes later, police said, Popejoy is suspected of running at least one stop sign in downtown Wheaton and almost striking a teen jogger, who later told police she had to get out of the way to escape the Jeep's path, near Evergreen and West streets.
At least one other motorist also called 911 to report a driver speeding on a flat tire. None of the witnesses could identify the driver, police said, but the vehicle description they provided matched Popejoy's Jeep Liberty. Officers from both Wheaton and Glen Ellyn arrived at the judge's doorstep within minutes.
Glen Ellyn Deputy Police Chief Bill Holmer said Popejoy was on the phone with his attorney when officers arrived. The Jeep Liberty was parked in the garage.
"He said, 'Per my attorney's advice, I'm not going to be making any statements,'" Holmer said.
Eventually, Popejoy allowed police to inspect his Jeep, but the judge declined to answer questions regarding whether he was driving, Holmer said. He said officers did not ask Popejoy to submit to a Breathalyzer or field-sobriety tests because they didn't detect the usual signs of intoxication. They also assumed Popejoy wouldn't cooperate because he declined to answer many questions.
"We can't compel him to take one," Holmer said, adding: "There weren't any of the typical signs of impairment that we look for, such as smell or slurred speech. None of that was apparent."
Birkett said he was not notified of the accident until two days later, after a concerned police officer tipped off one of his assistant state's attorneys. Birkett approved the reckless driving charge and issued a news release Friday.
Birkett did not criticize police handling of the incident, but he was annoyed his office wasn't informed sooner. He took over prosecution since it involves a public official. Moreover, Glen Ellyn's municipal prosecuting attorney, Harry C. Smith - who does not work for Birkett - has a conflict of interest since he was Popejoy's counsel in a personal civil matter.
"We're conducting further investigation," Birkett said. "If people are upset a sitting circuit court judge has been arrested on charges alleging serious traffic violations and there was no immediate public dissemination of information regarding the arrest, I don't blame them. I agree the public should have been notified earlier."
As for Popejoy's refusal to answer most police questions, at his lawyer's advice, Birkett said: "The judge has the same rights as everyone else. What he doesn't have, however, is the right to leave the scene of an accident and drive like a maniac. He'll be treated like everyone else. No better. No worse."
Popejoy, through defense attorney John "Jack" Donahue, has not commented publicly.
"All I can say is he's a very good friend and wonderful man," said Donahue, declining further comment.
Wheaton DUI and criminal defense attorney Donald Ramsell said that while police have a responsibility to investigate why a driver fled without reporting an accident, there's no cause to give a Breathalyzer or field-sobriety test without an odor, impaired speech or some other indication of alcohol.
"It would be improper to administer a breath test if you have no outward sign of alcohol consumption," Ramsell said. "It's illegal to fish for a crime."
Both Holmer and Wheaton Deputy Police Chief Tom Meloni said Popejoy's position as a judge was not a factor in why sobriety tests were not pursued. Both towns have handled recent high-profile DUI arrests of public officials, such as those of a Glendale Heights cop and U.S. Supreme Court Justice Antonin Scalia's daughter.
Popejoy's legal career spans more than three decades. Before becoming a judge, he worked for 20 years as a private attorney handling various commercial and civil law cases. He also is a former Glen Ellyn village prosecutor. Popejoy was named an associate judge in 1997. In the March 2004 GOP primary, he defeated three fellow DuPage County judges and a veteran trial lawyer, leading to his election as a full circuit judge. He is due for his first retention vote in the November general election.
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<li><a href="/story/?id=391721"> DuPage judge charged with reckless driving <span class="date">[07/02/10]</span></a></li>
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