Sheley defense seeks prosecution’s communications
Judge OKs subpoenas to obtain any documents
GALESBURG — The defense for Nicholas Sheley, who is accused of killing eight people in Illinois and Missouri in 2008, on Friday requested the prosecution share with them any communication it may have had with Illinois agencies.
Specifically, the defense is seeking documents relating to communications between the prosecution and the Attorney General’s office, Illinois Department of Corrections and governor’s office. The defense subpoenaed both the prosecution and Attorney General’s office in an attempt to turn over those documents.
The Attorney General represents DOC, which is responsible for transporting Sheley to meet with experts hired by the defense to perform certain tests. A judge previously ruled the defense does not have to notify the prosecution of these meetings.
However, DOC recently failed to comply with the court order, which delayed the trial an estimated three to six months. The department was also found in contempt of court in July.
A different section of the Attorney General’s office is helping Knox County prosecutors in the case against Sheley, who was in court Friday. The defense contended communication between the section of the Attorney General’s office representing DOC and those helping local prosecutors could undermine their case. The Attorney General’s office countered that it has established an “ethical wall” to prevent the information from being shared.
Ultimately, Knox County Judge James Stewart approved the defense’s subpoenas. He ruled it was important that the prosecution reveal what types of communications it has had with state agencies, including DOC, because it could impact Sheley’s right to a fair trial.
“We need a record to see if it has happened or not,” Stewart said.
Stewart also noted the Illinois Supreme Court, which will review the case, would want to see that record. The prosecution is seeking the death penalty for Sheley, who is charged in Knox County with the beating death of Ronald Randall, 65, Galesburg, in June 2008.
In response to the subpoena, the prosecution said it has had no communication with state agencies that hasn’t already been presented in court. Stewart asked they put that in writing within 14 days.
During a separate hearing Friday, lawyers from the Attorney General’s office also were in court because of the subpoena.
Stewart ordered a different arrangement between the defense and the Attorney General’s office. A representative from the Attorney General’s office must meet with a defense lawyer to sift through the documents to see which will be included in the subpoena.
The documents will likely include e-mails, letters, telephone calls and other forms of communication.
Stewart said he hopes the matter can be cleared up quickly. He also said Friday he hopes the trial could begin in 2011.
“It really is my intention to try this case next year,” he said.
The defense agreed.
Sheley’s next hearing will be in December.
http://www.galesburg.com/newsnow/x16...communications
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