The defense for Barry Lee Whelpley, who is standing trial over a 1972 murder, is one step closer to presenting oral arguments without witnesses over a motion to quash a search warrant and suppress evidence.
Whelpley is facing three counts of first-degree murder for the stabbing death of 15-year-old Naperville resident Julie Hanson and is being held in jail on $10 million bail. He appeared in a Will County courtroom Thursday shackled in handcuffs and wearing scrubs.
What’s at Issue?
Defense Attorney Terry Ekl argues that there are several issues at play prompting the need to quash the search warrant and suppress evidence, those being a violation of Miranda rules, a stale search warrant, lack of probable cause and insufficient connection between the place being searched and evidence sought.
But Assistant State’s Attorney James Long contends that there is probable cause to support the search warrant and evidence yielded at Whelpley’s Minnesota residence.
Regardless, Will County Judge Dave Carlson, who is charged with deciding the case, is looking to entertain hearing oral arguments without witnesses over a motion to quash a search warrant and suppress evidence.
The other motions filed deal with suppressing the defendant’s statements pre-Miranda, the defendant’s statements made in conversation with his wife and the defendant’s statement after invoking his right to counsel, court records show.
About the Case
A search warrant signed by Carlson and an accompanying search warrant signed in Ramsey County, Minnesota, led the police to discover probable cause to take Whelpley into custody in June in connection to Hanson’s brutal stabbing, sexual assault and murder. Further forensic investigation prompted authorities to find the defendant’s DNA matched the DNA contained in semen recovered from the victim in this nearly 50-year-old murder case.
The judge moved to schedule a hearing on one of the four motions to quash a search warrant and suppress evidence.
The case will be heard at 1:30 p.m. Nov. 10 at the Will County Courthouse, 100 W. Jefferson St. in Joliet.
Naperville News 17’s Megann Horstead reports.
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