Attorneys for the Highland Park parade massacre suspect want a judge to throw out a portion of their client’s interrogation they say was recorded after he was denied access to a family lawyer who came to see him the evening of the shooting.
Robert Crimo III’s assistant public defenders filed a written motion on Tuesday asking the judge to prohibit from trial some of the interrogation on July 4, 2022, that happened hours after prosecutors say he killed seven people at the north suburb’s Independence Day parade.
Crimo’s lawyers argue that authorities misled Crimo about how a family-hired lawyer was sent to speak with him at the Highland Park police station during his interrogation. The lawyers also alleged an assistant state’s attorney denied the lawyer from speaking with Crimo several times.
“While the defendant was handed a business card and informed that an attorney was in the lobby, he was not informed that this attorney was specifically his attorney, retained by his family, for the purpose of representing him while in custody,” his lawyers wrote in the motion.
The lawyers claimed the misrepresentation was unconstitutional and may have prevented Crimo from speaking with an attorney sooner than he did. The defense attorneys asked the judge to prohibit at trial any part of the recorded interrogation after the lawyer requested to speak with him.
Judge Victoria Rossetti acknowledged the motion during a brief court hearing on Wednesday, but the motion will not be discussed until a hearing on Nov. 14.
State’s Attorney Eric Rinehart’s office did not immediately reply to a request for comment, though he issued a statement on Wednesday acknowledging the motion.
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Crimo again did not attend the court hearing in person. No reason was given, though the judge asked his lawyers to warn Crimo the case would proceed regardless of whether he attends court sessions. Rossetti said she would issue a written order to be shared with Crimo to explain that.
The defense motion includes an exchange between Crimo and Highland Park police Detective Brian Bodden recorded during the interrogation at 8:49 p.m., about 1 hour and 45 minutes into the interview.
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Prosecutors have said the entire recorded interrogation of Crimo is 7 1/2 hours long.
Bodden allegedly handed Crimo the lawyer’s business card and said: “Hey Bobby, uh, this attorney. He came to the lobby. I don’t know if you know him. You wanna talk to him or you want to talk to us? It’s up to you.”
Crimo allegedly replied: “I don’t know ... there’s no need to talk to the attorney.”
The detective said: “No talking to him? Alright, we’ll be right back.”
According to the defense motion, the detective left the room and talked to Assistant State’s Attorney Ben Dillon, who asked to make sure Crimo heard that the lawyer was in the lobby of the police station.
The detective returned and told Crimo: “So the attorney’s, uh, in the lobby, right? You heard that part?”
Crimo allegedly replied: “Hmm?”
“You heard that the attorney’s in the lobby?” the detective asked.
“Oh, yes,” Crimo allegedly replied. “But, you know, maybe for a little nice, uh, domestic case, but that’s it, yeah.”
“All right. So, I mean, we’ve got pictures here, but we’ll get back to you in a second, OK?” the detective said
“OK,” Crimo replied, according to the motion.
The motion says the family lawyer, Patrick Semrad, remained at the police station until nearly midnight when he learned the interrogation had ended for the evening and was again denied permission to see Crimo.
At 12:01 a.m. July 5, 2022, Crimo was given a written copy of his Miranda rights, which had been read to him earlier, and he signed them, according to the motion.
Crimo faces more than 100 felony counts related to the shooting that also injured dozens. A trial is scheduled for Feb. 25, 2025.
Crimo first skipped a court hearing in mid-September. It was the first hearing since he dramatically declined a plea deal in court that would have had him sentenced to life in prison.
