Court Briefs

Investigator to probe DuPage prosecution of Rolando Cruz

William J. Kunkle Jr. has been tapped to investigate possible wrongdoing in the prosecution of Rolando Cruz for the 1983 rape and murder of 10-year-old Jeanine Nicarico of suburban Naperville. Kunkle is a partner in the Chicago firm of Phelan, Cahill and Quinlan. He was named special prosecutor by DuPage Chief Judge Edward W. Kowal.

In November, DuPage County Circuit Court Judge Ronald Mehling, who issued a directed verdict freeing Cruz, criticized the DuPage County state's attorney's office for building a sloppy case. The decision came after sheriff's detective Lt. James Montesano admitted he lied in earlier testimony.

Cruz and a second man, Alejandro Hernandez, have been imprisoned since their convictions in the case 12 years ago. During those years, the capital sentences of both men were overturned twice on technicalities by the state Supreme Court. (Hernandez was released on bond November 20.)

Mehling's ruling could have political implications. Illinois Attorney General Jim Ryan was elected DuPage County state's attorney in 1984, and in that capacity was responsible for the ongoing prosecution.

Cruz was held on Death Row for seven years. For much of that time, advocates called for a federal Justice Department investigation.

Court reporters can't unionize

Court reporters in Illinois' circuit courts can't organize under state law authorizing collective bargaining. Justices of the Illinois Supreme Court ruled this fall that making the court subject to the act, as the reporters' employer, would violate constitutional separation of powers.

The Teamsters union had petitioned for a representation election. But officials of the Administrative Office of the Illinois Courts and 20 of the 22 chief judges of the circuit courts asked the Supreme Court to prohibit the state's labor board from considering the petition.

The justices ruled that permitting the representation election process would make the Supreme Court subject to decisions by the labor board.

Jennifer Halperin and F. Mark Siebert