Judge to determine if suspect in teen's 1972 killing remains in jail before trial

A Will County judge will decide if a Minnesota man charged with the 1972 murder of a Naperville teen will remain in jail until his trial.

Barry Whelpley, 78, was arrested in 2021 on charges of aggravated criminal sexual assault and first-degree murder in the death of then 15-year-old Julie Ann Hanson. At the time of his arrest, his bail was set at $10 million and he has remained in the Will County Adult Detention Center since.

Earlier this month, Whelpley's attorney filed a motion to vacate bail based on the state's new cashless bail rules, which took effect took effect Sept. 18.

Instead of setting monetary bails, judges decide if defendants can be held in custody until trial. Judges can opt to detain a defendant accused of certain offenses if they determine that person poses a threat to a specific individual or the community at large, or is a flight risk.

Will County prosecutors filed a written response to the defense motion Friday, arguing the nature of the crime coupled with past criminal behavior is enough to keep Whelpley in custody.

Julie was a high school student when she disappeared on July 7, 1972. She was seen that night riding a bicycle to her brother's baseball game, according to previous news reports. Her body was discovered the next day in a cornfield near 87th Street and Modaff Road, a little more than two miles from her home.

Authorities said Whelpley, then 27, at the time lived within a mile of the Hanson residence.

Prosecutors note Whelpley is accused of attacking another woman in 1966, and his release could pose a threat to the woman, a potential witness at his trial.

Whelpley "may wish to harass, intimidate or otherwise obstruct her ability to testify," prosecutors argue.

Prosecutors also claim Whelpley abused previous spouses. According to DuPage County court records, he was charged five times with violating an order of protection in 1982 and 1983, and with telephone harassment. All of those cases involved his second wife, who was divorcing him at the time.

Court records indicate many of those charges were combined into one case and Whelpley received probation.

Defense attorney Terry Ekl said claims that Whelpley may harass a potential witness are baseless and that Will County Judge David Carlson had already ruled that evidence of prior criminal conduct could not be used at trial.

"The state's petition fails to offer any evidence, let alone clear and convincing evidence, that defendant poses a real and present threat to the safety of any person or the community," Ekl wrote in his response to prosecutors' written arguments.

He is asking that his client be placed on electronic home monitoring until trial.

Other than the charges Whelpley currently faces, he has not been arrested in connection with any other offenses since 1983, Ekl said, adding that his client has serious health conditions.

Carlson on Tuesday requested a risk assessment for Whelpley and is expected to hear oral arguments regarding on his potential release Oct. 10.

• Daily Herald staff writer Susan Sarkauskas contributed to this report.