Lake County prosecutors are pointing to previous court rulings and precedents in defending theft-related charges against Melodie Gliniewicz, the widow of the late Fox Lake police Lt. Charles Joseph Gliniewicz.
As pretrial maneuvers continue, a hearing has still not been scheduled on a motion to dismiss charges alleging misuse of more than $10,000 of Fox Lake Police Explorer funds by her.
Defense attorneys for Melodie Gliniewicz are seeking to have the indictments against her dismissed, primarily claiming that her late husband was in control of the accounts in question.
The state’s attorney’s office has filed a response, outlining instances of similar charges being upheld against alleged accomplices who were not necessarily the principal defendant in such cases.
On Tuesday morning, defense attorney Donald Morrison told Judge James Booras the defense team now wants time to study the state’s response and file a reply. He asked that defense attorneys be given until January to do so and that a hearing date on the main motion to dismiss should be set afterward.
Booras scheduled a new status date of Jan. 6 for further discussions on the filings. A hearing date on the motion to dismiss the charges against Gliniewicz could be set at that time.
Gliniewicz is scheduled for trial Feb. 6.
According to authorities, Lt. Gliniewicz committed suicide while on duty in fall 2015 as evidence of the alleged theft of funds was being uncovered, and he staged his death to look like a homicide.
The defense motion to dismiss the indictments against Melodie Gliniewicz raises constitutional arguments about the way state statutes were applied to Gliniewicz, as well as excerpts from investigative reports that defense attorneys say back their claims that she was not involved in the misuse of Explorer funds.
One of the key claims in the defense motion is that Gliniewicz’s late husband did not give her any access to or control over the account until March 27, 2015, roughly six months before his death, when he set up a new checking account and included her for the first time as a signatory.
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The motion states that the “relevant” transactions cited as misuse of funds in several of the charges against Melodie Gliniewicz occurred between September 2009 through September 2015, when she was not a signatory for the most part and had no checks or debit card connected to the account.
The state’s attorney’s written response to the motion to dismiss charges cites several rulings in other cases, including conclusions by judges that accomplices who shared the same goals as the principal defendant or offender may be charged with the same or similar offenses.
One states that “even slight evidence of participation” can justify charges.
The prosecutors’ response states that it “is proper to charge the defendant as a principal (in the case)” even if the evidence shows the defendant was only an accomplice.
Defense attorneys have maintained that Melodie Gliniewicz was not an accomplice to the alleged misuse of funds.
She was charged early this year with felony misuse of charitable funds, money laundering and conspiracy. She has been free after posting bond following her indictment.
Twitter @jimnewton5