Kane judge denies new trial in 1996 murder of Aurora boy, 6
A Kane County judge has denied the latest attempt for a new trial by a Montgomery man, who is serving a life sentence for killing a 6-year-old boy in a gang retaliation.
D.J. Tegeler issued his ruling Monday in the case of Mark A. Downs, 43, who is serving a 70-year prison term for shooting Nico Contreras on Nov. 10, 1996, as he slept at his grandparents' home in Aurora.
A jury convicted Downs of first-degree murder after a trial in April 2009. Down's co-defendant, Elias Diaz, 50, also was convicted and is serving a 60-year term.
On that night, Diaz drove Downs to an east-side home to retaliate against a rival gang member. Downs got out, crept to the rear of the house and shot through a window where he believed his target would be asleep, according to prosecutors.
Instead, Downs hit Nico with two bullets.
Tegeler heard the tail end of Downs' case in late February. Downs argued his attorney was ineffective, thus denying him a fair trial. He noted his defense attorney at the time, then-Kane County Public Defender David Kliment, didn't want to hear of an alibi defense and barely took time to meet with Downs to prepare a defense.
Downs' brother also testified that he told Kliment, who is now a judge, about an alibi but Kliment didn't want to talk to him.
But prosecutors noted Kliment tried to obtain attendance records from a West Chicago candle factory where Downs and his brother were temporary workers, but the company didn't have any documentation. Not presenting an alibi defense also was a matter of trial strategy, prosecutors noted.
Defense attorney Don Zuelke also argued jurors were not able to hear details of a deal a key witness against Downs made with prosecutors to avoid a longer prison term.
Kane County State's Attorney Joe McMahon said Downs is in prison where he belongs.
"This office was committed to justice for Nico Contreras, his family and the people of Aurora when Mark Downs and Elias Diaz shot and killed him in 1996, and it maintains that commitment today. Mr. Downs is a murderous gang member who continues to try to escape responsibility for his outrageous conduct," McMahon said.