JOLIET – Another trial will convene for a Bourbonnais man accused of killing two people in Joliet after the first trial was botched by testimony from a Joliet police detective.
On Tuesday, Will County Judge Dave Carlson rejected a motion from the attorneys of William N. Krasawski, 42, of Bourbonnais, to dismiss a first-degree murder charge against him on the grounds of double jeopardy.
Krasawski’s attorneys sought to have the charge dismissed after Carlson declared a mistrial in January when Joliet Police Detective Tom Ponce revealed Krasawski’s criminal history during his testimony. Alex Beck, one of Krasawski’s attorneys, argued that Ponce’s testimony prejudiced the case against his client after the trial had been going well.
“We’re back to ground zero,” Beck said.
Prosecutors with the Will County State’s Attorney Office asked Carlson to not dismiss the case, arguing that there was no evidence Ponce intentionally revealed Krasawski’s criminal history or that his actions could be attributed to them.
Carlson said he couldn’t see how Ponce’s actions rose to a “level of maliciousness.” He said during the second trial he will admonish Ponce and witnesses before they testify.
The second trial is slated to begin April 2.
A status hearing has also been scheduled for March 21. Carlson said the latter will be the cut-off date for any new evidence to be considered in the case.
During the hearing, Beck asked if the case could not be dismissed, that Ponce be barred from testifying, and failing that, phone records prosecutors may gather for the next trial be barred.
Beck argued Ponce’s actions were detrimental to Krasawski and there should be consequences. He also said a delay in the trial will allow prosecutors to gather more evidence in the case, which wouldn’t be fair to his client.
Carlson said he was not barring Ponce’s testimony and will instead admonish him when he testifies. He said he couldn’t be more punitive beyond declaring a mistrial. He didn’t decide on barring phone records and left that for discussion at the March 21 status hearing.