Motion filed to dismiss charges against Melodie Gliniewicz

Charges against Melodie Gliniewicz should be dismissed because she is being held "criminally responsible" for the financial actions of her deceased husband, attorneys claim in new court documents.

According to a motion filed Oct. 28 by attorney Donald Morrison, Lt. Charles J. Gliniewicz was the only person in control of the bank account established for Fox Lake Law Enforcement Explorer Post 300 between 2009 and March 2015. It said Melodie Gliniewicz "was not a signatory on any Fox Lake Explorer accounts and had absolutely no control over the funds of the explorer program."

Both sides will be in Lake County court Tuesday to set a hearing date on the motion.

This is the second time Morrison has filed a motion to dismiss. The previous request was denied by Judge Victoria Rossetti, but the order was vacated after Rossetti recused herself from the case.

Melodie Gliniewicz, 52, of Antioch Township, faces nine felony and misdemeanor counts of conspiracy, unlawful use of charitable funds for personal gain and money laundering. She's pleaded not guilty to the accusations.

If found guilty of all charges, she could be sentenced to a maximum seven years in prison or probation, authorities said.

She was charged about five months after a police investigation into Charles Gliniewicz's death determined the couple had been using money donated to the Explorer post for their own purposes, authorities said.

However, defense attorneys argue in their filing that Melodie Gliniewicz never wrote a check or used a debit card associated with a U.S. Bank account established by Charles Gliniewicz for the Explorers. The document said Melodie Gliniewicz was not in control of any Explorer bank accounts until Charles Gliniewicz switched banks in March 2015 and designated her as a signee on the account.

"Because Charles. J. Gliniewicz is deceased and can no longer be prosecuted for this series of financial transactions, the local law enforcement officials in this case are attempting to hold defendant Melodie Gliniewicz criminally responsible for the actions of Lt. Charles J. Gliniewicz," the document reads.

Charles Gliniewicz killed himself Sept. 1, 2015, and staged it to appear as if he'd been killed in the line of duty to cover his thefts from the Explorer group, authorities said.

Prosecutors said Melodie Gliniewicz served as a civilian adviser to the post, which led to the charges being filed. Investigators found inconsistencies in financial documents involving Charles Gliniewicz while investigating his death, police said. Money from the Explorer fund was used to pay for a trip to Hawaii, movie tickets and at least 400 restaurant charges, authorities allege.

The new document says Melodie Gliniewicz was not involved in any personal transactions in the Explorer account between September 2009 and September 2015, and Charles Gliniewicz "parked" or "co-mingled" more than $58,800 from his paycheck and retirement into the account since 2009.