Schaumburg woman says evidence should be thrown out in heroin death

A Schaumburg woman accused of delivering a fatal dose of heroin to a man at a St. Charles hotel in December 2014 wants evidence gathered in her arrest banned from her trial.

Katharyn Stanish, 23, of the 1400 block of Tonset Lane, faces up to 30 years in prison if convicted of the drug-induced homicide of Bradley Schiller, 23, of Bartlett.

A grand jury in February indicted Stanish on the drug-induced homicide charge, as well as possession of a controlled substance, after authorities investigated the death of Schiller, who was found at a hotel on the east side of the city.

Defense attorney Kevin Halverson argues that when Stanish was detained, searched and questioned by police Dec. 12, 2014, it violated her Fourth Amendment protection against unreasonable search and seizure.

"At the time that defendant was detained she was not observed to be in the commission of a crime, nor did said police officers have reasonable suspicion to believe the defendant committed an offense, was about to commit an offense, or was in the process of committing an offense," Halverson wrote in court filings.

Halverson argues the lack of probable cause or reasonable suspicion is grounds to ban evidence taken from Stanish's cellphone and purse as well as suppress any statements she made to police.

Judge John Barsanti will hear arguments from Halverson and prosecutors Dec. 18.

Stanish is free on bail while the charges are pending.