 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Lang3/9/2004
PUBLISHED
Following a jury trial, the defendant, Walter Lang, was convicted of driving with a revoked license (625 ILCS 5/6--303(a) (West 1998)) and was sentenced to 2½ years' imprisonment. On appeal, the defendant argues that the trial court erred in denying his motion to appoint a special prosecutor where the complainant and key eyewitness for the State was an assistant State's Attorney closely involved in the prosecution of the case. We reverse and remand for additional proceedings.
The record reveals that on September 7, 1999, the defendant was in court on a charge of driving with a revoked license. The defendant's driver's license had been previously revoked for driving under the influence of alcohol. The defendant also had a prior conviction of driving while his license was revoked. After the proceedings, Lake County Assistant State's Attorney Daniel Kleinhubert followed the defendant to a parking garage. Kleinhubert tried to avoid being seen by the defendant. At one point, he hid behind some potted flowers. Later, he stood behind a shaded glass window near the staircase in the parking garage. Kleinhubert observed the defendant get into his vehicle and drive away from the courthouse. Kleinhubert then informed a police officer about the incident, and the officer secured a warrant to arrest the defendant. The defendant was subsequently charged with driving while his license was revoked.
Sometime thereafter, the defendant filed a motion to appoint a special prosecutor in his case. On June 22, 2000, the trial court heard arguments on the defendant's motion. Defense counsel argued that because Kleinhubert was a witness in the pending case, a special prosecutor should be appointed to avoid the appearance of impropriety and to preserve the integrity of the court. Defense counsel also argued that Kleinhubert had a conflict of interest, and the conflict extended to other prosecutors in the Lake County State's Attorney's office. Kleinhubert, arguing on behalf of the State, acknowledged that he could not represent the State during the defendant's trial. However, he argued that another attorney from the Lake County State's Attorney's office could prosecute the defendant at trial. The trial court agreed and denied the defendant's motion to appoint a special prosecutor. However, the trial court ruled that Kleinhubert could not participate in the prosecution of the defendant's case.
Following the trial court's ruling, Kleinhubert appeared on behalf of the State at 23 court dates for status hearings or pretrial conferences. On July 15, 2002, the case ultimately proceeded to a jury trial and was prosecuted by Lake County Assistant State's Attorney Shannon Castellano. Kleinhubert was the sole witness at the trial to testify as to observing the defendant commit the instant offense. At the close of the trial, the jury convicted the defendant of driving while his license was revoked. The trial court subsequently sentenced the defendant to 2½ years' imprisonment. The defendant thereafter filed a timely notice of appeal.
The defendant's sole contention on appeal is that the trial court abused its discretion in not appointing a special prosecutor, independent of the Lake County State's Attorney's office, to prosecute him. The defendant argues that the integrity of the court was harmed where a lone prosecutor acted as a complainant, prosecuted the case for 19 months, and testified as the key eyewitness at trial.
Prior to considering the merits of the defendant's contention, we first address the State's argument that the defendant has waived review of his contention. The State first argues that the defendant has waived review of his contention because he has
Page 1 2 3 4 5 6 7 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|