The man accused of killing seven people at a 2022 Independence Day parade in suburban Chicago was denied his constitutional right to legal representation while being interrogated by police hours after the shooting, defense attorneys alleged Thursday in court.
Authorities have said Robert Crimo III confessed to the shooting that also left dozens injured. But his defense attorneys are seeking to have videotaped statements he made to police barred from trial, which is expected to start in February.
The nearly three-hour hearing offered a glimpse of the evidence expected at the trial, including police testimony, photographs and video footage of statements Crimo made to police.
Crimo, 24, has pleaded not guilty to all charges, including multiple first-degree murder counts. He didn't speak during Thursday's hearing. Wearing a dark blue jail jumpsuit, he walked into court and flashed the room a two-finger gesture that is often interpreted as a “victory” or “peace” sign.
Defense attorneys said Crimo's relatives retained an attorney who was waiting in the police station lobby the evening of the shooting, but police didn't allow Crimo to meet him.
“He is never told that he has his attorney, an attorney retained for him,” public defender Greg Ticsay said in court. “It’s clear he was never given access. They violated his due process rights.”
But prosecutors heartily dismissed the allegations, saying Crimo willingly cooperated after being offered phone calls, notification of the attorney in the lobby and read his Miranda rights multiple times.
“He knew why he was there. He knew what they were going to question him about,” Lake County Assistant State’s Attorney Jeff Facklam said. “He knew what right he was giving up.”
Prosecutors showed video clips of the police interview. Several times Crimo was asked if he understood his Miranda rights, which include the right to remain silent and have an attorney present.
“I can read them to you from memory,” Crimo said on the tape.
Lake County Circuit Court Judge Victoria Rossetti said she would issue a written ruling at a later date.
The case has proceeded slowly for months, partly due to Crimo's unpredictable behavior.
He didn't show up to two previous court hearings, refusing to leave his cell at the Lake County jail. At a June hearing where he was expected to accept a plea deal and give victims and relatives a chance to address him publicly, he changed course and rejected the deal. He also fired his public defenders and said he would represent himself. Then he abruptly reversed himself.
Dozens were injured in the shooting, including an 8-year-old boy who was left partially paralyzed. Witnesses described initial confusion as the shots began, followed by panic as families fled the parade route through downtown Highland Park, an affluent suburb of about 30,000 people near Lake Michigan.
Those killed in the attack were Katherine Goldstein, 64; Jacquelyn Sundheim, 63; Stephen Straus, 88; Nicolas Toledo-Zaragoza, 78; and Eduardo Uvaldo, 69; and married couple Kevin McCarthy, 37, and Irina McCarthy, 35.
