St. Charles man accused of attempted murder wants new judge
A St. Charles man accused of shooting at his now ex-wife before being disarmed by a neighbor wants a new judge.
Lawyers for Scott J. Turyna, 66, argued Monday that Kane County Judge D.J. Tegeler is biased and should be removed from the case.
"It's taken on a very personal tone," defense attorney Robert Motta told Kane County Judge John Barsanti. Motta and colleague Allison Motta argue that Tegeler should be removed for cause and a new judge should be assigned to oversee the attempted murder trial, which was to be held this month but delayed after defense attorneys filed an eleventh-hour request for a fitness exam.
The Mottas argue that Turyna cannot remember anything from the May 2016 episode, except the very end, and can't assist in his defense.
According to authorities, Turyna argued with and beat his wife of 26 years in early May 2016, and she ran out of the garage from the couple's home.
Steven Spurling and his wife were walking their dog when they saw the bloodied woman fall on the pavement. Spurling's wife comforted the woman, with the two walking down the sidewalk.
Scott Turyna came out of the house, pulled out a gun and fired five shots, according to authorities. Spurling disarmed Turyna and detained him until police arrived. No one was shot.
Turyna was to go on trial Oct. 10, but his attorneys filed a request Oct. 5 asking for a fitness exam. An angry Tegeler continued the matter to Oct. 10, where he OK'd having the Kane County Diagnostic Center perform a fitness examination on Turyna.
Turyna's attorney's argued the psychologist at the diagnostic center was biased.
Monday, the results of the fitness exam were supposed to be reviewed and debated in court; instead, the Mottas filed the substitution request.
Defendants may ask for a substitution of judge as long as the judge has not made any significant rulings in the case. This move usually occurs at the outset of a case. Turyna's lawyers must show why they want a new judge.
Tegeler prepared a written affidavit of his version of court events; the Mottas want transcripts from all the court hearings this month, and Robert Motta said, "I think there are some misstatements in there." Motta added that even when the transcripts arrive, he will "never be able to impress" upon Barsanti the tone and demeanor of Tegeler.
The case is next due in court Wednesday.