Appeals court calls Aurora murder-for-hire plot conviction a "failure"

A Kane County jury didn't believe it six years ago when an Aurora woman said she was duped into a murder-for-hire plot by an overzealous informant and federal agent, but Maricela Arciga may get another chance to make her case.

Citing a litany of errors by her defense attorney and the judge who presided over her trial, a state appeals court this week threw out Arciga's conviction and 20-year prison sentence, sending the case back to Kane County for a new trial.

Arciga, now 33, was found guilty of solicitation of murder for hire in July 2014. Prosecutors alleged she made a $200 down payment, and promised $1,800 more once the deed was done, to an undercover agent posing as a hitman willing to take out her ex-boyfriend.

The Aurora woman claimed entrapment, saying she was talked into the plot first by another man with whom she was in a relationship — unbeknownst to her, a police informant — then the federal agent.

In its unanimous 26-page ruling, the appellate court used unusually harsh language in describing the numerous errors that deprived Arciga of a fair trial.

Her defense lawyer's decision not to present evidence that she had no criminal history was “an obvious failure” and his performance “fell below an objective standard of competence,” Justice Robert D. McLaren wrote.

“Defendant was, without doubt, prejudiced by this failure,” he said.

McLaren also sharply criticized presiding Judge Susan Clancy Boles, first for confusing questions during jury selection and then for refusing to answer jurors' questions while they deliberated Arciga's fate.

“A trial court has a duty to provide clarification to a confused jury, and a court's failure to answer or the giving of a response that provides no answer to the particular question of law posed is prejudicial error,” McLaren wrote.

A date for Arciga's return to Kane County has not been set.

A group of suburban residents, including an active-duty Marine from Buffalo Grove, filed a federal lawsuit this week against Illinois State Police, accusing the agency of #8220;dragging its feet#8221; on granting residents approval to own a gun.

The suit claims state police are ignoring a legal requirement that they issue a Firearm Owner's Identification card to qualified residents within 30 days of receiving an application. Instead, the lawsuit alleges, applicants are waiting as long as 60 to 90 days.

#8220;This has been going on for years and it has to stop,#8221; said Alan M. Gottlieb, founder of the Second Amendment Foundation, another plaintiff in the lawsuit. #8220;It is especially important now, with the surge in FOID applications as a response to recent civil unrest that has included looting and violence.#8221;

Among the four suburban plaintiffs is Brett O. Shelton, a 21-year-old Buffalo Grove resident and machine gunner with the U.S. Marine Corps, according to court documents. He applied for a FOID card in March and is still awaiting approval, the lawsuit states. Other plaintiffs include a husband and wife from Oak Forest and a Chicago Heights man.

Their suit calls the delays #8220;a matter of life and death#8221; for FOID card applicants and seeks a court order requiring state police to immediately approve their applications and pay their legal fees.

In a written response, state police officials blamed the delays on past state budget woes and a recent surge in FOID applications. The agency's Firearms Services Bureau has processed 65,969 new FOID applications already this year, officials said.

#8220;Nonetheless, with an explosion of applications and firearms purchases during the pandemic and current events #8212; 63,823 FOID applications and 65,222 FTIP (Firearm Transfer Inquiry Program) applications just last month #8212; broader legislative remedies to streamline and modernize the FOID process will be necessary to meet statutory timelines,#8221; the statement reads. #8220;We look forward to working with all interested parties and members of the General Assembly to reach those solutions.#8221;

If you've received a state KeyBank debit card for unemployment benefits you don't need and didn't ask for, be wary #8230; you may be the target of scammers.

A host of suburban police departments #8212; Arlington Heights, Palatine, Glenview, St. Charles and Geneva among them #8212; recently have joined state officials in warning that the unsolicited debit cards could be a gateway for scammers to access your finances or private information.

The debit cards, which feature the Illinois Department of Employment Security insignia, are used to load unemployment benefit payments after a claim has been approved.

Anyone who receives one unsolicited should destroy it and contact IDES at (800) 814-0513.

Anybody who's been called for jury duty on a criminal case knows that one of the questions the judge asks you is whether you've had contact with the criminal justice system. Jaws dropped Tuesday in a DuPage County courtroom at one prospective juror's answer.

#8220;Yes,#8221; the middle-aged woman said. #8220;They brought an indictment against me for a murder.#8221;

Asked to explain, the woman said it was more than 25 years ago in DuPage County, that she didn't do the crime, that she was held in custody without having her rights read to her, and that she pleaded guilty to a lesser charge.

The judge asked her if she could be a fair juror given her experiences.

#8220;I don't feel that I can be unbiased at all, under the circumstances. #8230; So yeah, I'm very, very biased, unfortunately,#8221; she said.

After a quick private consultation with prosecutors and defense attorneys, the judge dismissed her.

Also in that first panel of people questioned: a woman whose brother had been murdered 50 years ago.

#8226; Have a question, tip or comment? Email us at copsandcrime@dailyherald.com.