Attorneys for the accused Highland Park parade mass shooter are seeking to have his police interviews suppressed at trial as they argue he was denied legal counsel following his arrest.
Assistant Public Defender Anton Trizna and Public Defender Gregory Ticsay filed a motion last Tuesday to suppress all oral and written statements made by Robert Crimo III, 23, of Highwood, at the time of and after his arrest in July 2022.
The motion said Crimo III was transported to an interview room at the Highland Park Police Department around 6:45 p.m. on July 4, 2022.
Crimo III was interviewed by a police detective and an FBI agent after they gave him Miranda warnings. He reportedly did not request an attorney or indicate that he or his family would be retaining one.
The interview lasted almost two hours before a break occurred. Around 8:30 p.m., an attorney hired by Crimo III’s family arrived at the police station and asked to speak with Crimo III.
A detective asked Crimo III if he wanted to talk to the attorney and Crimo III replied, “I don’t know… there’s no need to talk to the attorney.”
The motion said Crimo III was never informed that the attorney was retained by his family or that he wanted to speak with Crimo III.
The motion said the attorney continued to have his access refused to Crimo III as he waited in the police station lobby for nearly three hours.
“It is axiomatic that an individual’s right against self-incrimination is explicitly and implicitly protected in the Illinois Constitution. That constitutional right, like any right, can only be waived if an individual knowingly and voluntarily waives it,” the public defenders argued in the motion.
The motion said that Crimo III was never informed that specifically his attorney, retained by his family, was there for the purpose of representing him while in custody.
“Because Defendant’s attorney was not permitted to physically enter the room or directly confer with his client, Defendant was unconstitutionally denied the benefit of counsel – a benefit that includes information that an attorney can provide to a defendant to allow him to make knowing and voluntary decisions,” the motion said.
The motion, along with numerous other motions filed by prosecutors, are set to be argued in front of Lake County Judge Victoria Rossetti on November 14.
On Wednesday, Crimo III again refused to appear in court for a status hearing. His attorneys said he declined to be transported from the Lake County Jail to the courtroom and asked that his presence be waived.
“We asked the deputy to inquire whether he was going to attend. He declined,” Ticsay told the judge.
Rossetti said she previously advised Crimo III that his failure to appear could result in a trial being held without him and other proceedings still going forward.
The judge asked the attorneys to talk to Crimo III again about the issue and that she would issue a written order to be presented to him regarding the admonishment.
Rossetti said the November 14 hearing will continue on that day whether Crimo decides to appear in court or not.
Lake County State’s Attorney Eric Rinehart said his office is continuing to prepare for the February 24 trial.
Crimo III was charged in July 2022 with 21 counts of first-degree murder, 48 counts of attempted murder and 48 counts of aggravated battery with a firearm.
In June, he appeared at the Lake County Courthouse in a wheelchair for a change of plea hearing.
Prosecutors announced in court that Crimo III would be pleading guilty to 55 charges in total.
Those charges included seven counts of first-degree murder — one for each victim killed — as well as 48 counts of aggravated battery with a firearm — representing each victim injured — as part of the negotiated plea agreement.
Prosecutors said the plea meant that Crimo III would be sentenced to mandatory natural life in the Illinois Department of Corrections and would not be eligible for supervised release.
Rossetti asked Crimo III to confirm that the negotiation was what he went over with his attorneys prior to the hearing.
Crimo III stared at the judge and did not speak. Crimo’s two attorneys then leaned over and both spoke to him quietly.
Ticsay told Rossetti that they had spoken to Crimo III previously about the plea.
Ticsay said he did not have a reason for Crimo’s lack of response to the judge’s question.
The judge called a recess and Crimo III and his attorneys went into a private area to speak together.
When the attorneys and Crimo III returned, Crimo III told Rossetti that he did not wish to enter into the plea agreement.
The man is accused of opening fire on paradegoers attending the Fourth of July parade near Second Street and Central Avenue in Highland Park on July 4, 2022.
Prosecutors previously said Crimo III admitted to “looking down his sights” of his Smith & Wesson M&P 15 semi-automatic rifle before opening fire on the Highland Park crowd.
Crimo III told investigators he fired two full 30-round magazines before loading a third 30-round magazine and firing.
Seven people were killed and dozens of others were shot. 83 spent shell casings were recovered at the scene.
Crimo III has been held in the Lake County Jail without bond since July 6, 2022.