An attorney argued Thursday that a proposed deal struck by Kane County prosecutors and their star witness in the murder trial of Edward L. Tenney supports defense contentions that the witness has mental problems and is not believable.
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The attack was aimed at Don Lippert, who has testified that he took part with his cousin Tenney in the 1993 murder of Aurora Township widow Jill Oberweis.
The deal discussed Oct. 9 between prosecutor John Barsanti and Lippert would allow Lippert to plead guilty but mentally ill for his role in the slaying, according to a stipulated agreement read into the record by defense attorney William Glisson.
After reading that statement, the defense rested its case. Jury deliberations were expected to begin Friday.
In an effort to plant doubts about the key witness in jurors’ minds, Glisson said the proposed agreement supports defense arguments that Lippert is not a credible witness because he suffers from mental problems.
Lippert already is serving a 60-year prison sentence after reaching a plea deal in a DuPage County murder in which Tenney also is charged.
The most recent proposed Kane agreement is one of several possible plea bargains Lippert could accept in exchange for his testimony against Tenney, but it is the only one that takes into account the possibility of a mental illness.
A person afflicted with mental illness, Glisson said, is subject to “substantial disorder of thought, mood or behavior,” and is prone to impaired judgment.
During the trial, Glisson pointed to Lippert’s admission that he had used alcohol, marijuana and cocaine on the night Oberweis was slain in her home. The defense lawyer also noted Lippert had been drinking since age 7 as evidence that both his mental condition and memory are unreliable.
Lippert has taken anti-depressant medications since he was attacked in prison last month.
Lippert, 22, testified last week that he and Tenney broke into Oberweis’ house on Felton Road on Oct. 1, 1993, with robbery on their minds. According to Lippert, Tenney chased the terrified woman down a hallway while Lippert tried to pry open a file cabinet in another room.
Lippert testified that when he heard a gunshot, he ran toward another room and saw the woman sitting in a chair where she had been taken by Tenney.
Tenney ordered Lippert to shoot the woman, Lippert said, saying that if he refused, Tenney would shoot him. Lippert said he did as he was told and both men fled from the house.