Kane County's 'No Refusal' event nets 10 DUI arrests
Kane County's latest "No Refusal" event, held just before St. Patrick's Day, netted 10 drunken driving arrests.
Sixteen law enforcement agencies took part in the effort from 11 p.m. March 15 through 3 a.m. March 16, including Kane County prosecutors who fanned out to area police stations and helped prepare search warrants for drivers suspected of driving while intoxicated.
If needed, a judge was on call to OK the warrants, giving permission for a phlebotomist to take a blood sample from a motorist refusing to provide a breath sample.
Of the 10 arrested, five initially refused a breath test. Two defendants consented before warrants could be prepared and three eventually cooperated after a warrant was obtained.
If they continued to refuse, they could have been charged with felony obstruction of justice.
"From our perspective, it should reinforce the message that we are prepared to seek a blood sample if that's what it takes," Kane County State's Attorney Joe McMahon said.
Man says he was denied phone call: A 23-year-old former Aurora University student accused of sexually assaulting a drunk woman in August 2012 is fighting to have his statements to police barred from a possible trial.
Eric Stallworth, of Aurora, faces up to 15 years in prison on charges of criminal sexual assault.
Stallworth and another man are accused of assaulting a 25-year-old Joliet who authorities say was too intoxicated to give consent.
Corderro Pollard, 23, of Chicago, also is accused of sexual assault. He is due in court on April 18.
A third man, Shammrie Brown, 27, of Aurora, initially was charged with felony sexual assault, but prosecutors have since reduced charges to misdemeanor battery. He is due in court April 17.
Stallworth's defense attorney, Kathleen Colton, recently argued to Judge John Barsanti her client was repeatedly denied a phone call after he was arrested Oct. 2, 2012.
Stallworth testified he asked to make a phone call to his lawyer, who also is his grandfather.
Aurora police, instead, continued to question Stallworth numerous times over a three-day span. He also signed a form waiving his Miranda Rights, which include the right to remain silent.
"I thought once I talked to them and they figured out I didn't do anything wrong, I'd be able to go home or make that phone call," Stallworth says. "I didn't know what to do. Everything I asked for, they denied."
Only after Stallworth was charged was he allowed to make a call.
Colton contends authorities deprived Stallworth of his rights and his statements should not be allowed in court.
Kane County Assistant State's Attorney Pam Monaco disagreed, saying Stallworth "knowingly and voluntarily waived his rights and signed that Miranda form."
Barsanti will announce his decision April 17.
hhitzeman@dailyherald.com