Defense attorneys and prosecutors argued before a judge Thursday regarding a motion that seeks to have the Highland Park parade mass shooter’s police interviews suppressed at trial.
Robert Crimo III, 23, of Highwood, appeared in court Thursday morning for a case management conference.
The hearing was held before Lake County Judge Victoria Rossetti.
Assistant Public Defender Anton Trizna and Public Defender Gregory Ticsay argued a motion they filed last month to suppress all oral and written statements made by Crimo III 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 attorneys 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.
Prosecutors played video of the interrogation during the Thursday court hearing.
Prosecutors argued that Crimo III was well informed of his rights and that Crimo III knew an attorney was available but specifically chose not to speak with him.
A second motion was argued during the Thursday court hearing. Prosecutors are seeking Rossetti to allow them to call a Highland Park police sergeant at trial.
The officer identified Crimo III in surveillance videos from the shooting. He said he had interacted with Crimo III prior when he was a school resource officer.
Rossetti took the matters under advisement. Her ruling is set to be heard at the next court hearing on December 18.
Thursday’s court hearing was the first time Crimo III appeared in a courtroom in months.
He flashed a peace sign as he entered the courtroom before flashing another peace sign and smiling as he left the courtroom.
Crimo III had previously refused to attend court hearings in September and October.
Rossetti previously said the case will continue whether or not Crimo III appears in court.
Crimo III, who is set to go on trial on February 24, 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.
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.