Judge won't dismiss charges in Gliniewicz case
A judge denied a motion to dismiss two criminal charges against Melodie Gliniewicz in Lake County court Monday.
Judge James Booras ruled prosecutors introduced the required evidence to a Lake County grand jury to successfully charge Gliniewicz, 52, of Antioch Township, with unlawful use of charitable funds.
However, Booras did not rule on the fate of other charges in the case. Instead, he set a hearing for 9 a.m. Jan. 30 to determine if the state has supplied defense attorneys with documents showing specifically what crimes were committed.
Defense attorney Donald Morrison has challenged the constitutionality of the charges filed against Melodie Gliniewicz a year ago, saying prosecutors have been vague in explaining what she did wrong.
"At some point, we need to hear what the state's theory is on what my client did," Morrison said in court.
Melodie Gliniewicz faces nine felony and misdemeanor counts of conspiracy, unlawful use of charitable funds for personal gain and money laundering. She has denied the accusations.
Charges were filed after investigators discovered her deceased husband, Fox Lake police Lt. Charles Joseph Gliniewicz, killed himself Sept. 1, 2015, to cover up the theft of funds from Fox Lake Law Enforcement Explorer Post 300, authorities said. Charles Gliniewicz staged his death to appear as if he'd been killed in the line of duty, authorities have said.
Investigators claimed the couple was using money donated to the Explorer post for their own purposes. Melodie Gliniewicz served as a civilian adviser to the post her husband founded, authorities said.
Morrison argued in court Monday the two unlawful use of charitable funds charges should be dropped because Charles Gliniewicz was the only person in control of Explorer post bank accounts between 2009 and March 2015. Melodie Gliniewicz should not be held responsible for any theft that may have occurred, Morrison said.
"There is not one scintilla of evidence that will show she was a fiduciary over the funds before March 27, 2015," he said.
Assistant state's attorney Scott Turk read transcripts of investigator testimony to the grand jury that indicated Melodie Gliniewicz deposited $7,000 into her account from the Explorers bank fund in March 2014. She wrote a $7,000 check from her account into a different Explorer account two weeks later, officials said.
Investigators also testified to the grand jury Melodie Gliniewicz and her husband lived paycheck-to-paycheck and used money from the Explorer fund to offset living expenses between 2012 and 2015, Turk said in court.