A judge ruled that the accused Highland Park parade mass shooter’s constitutional rights were not violated and his police interviews will be allowed as evidence at trial in February.
Robert Crimo III, 23, of Highwood, appeared in court Wednesday morning for a case management conference and hearing on motions.
The hearing was held before Lake County Judge Victoria Rossetti.
Assistant Public Defender Anton Trizna and Public Defender Gregory Ticsay had previously argued a motion they filed in October 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 have 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.
Rossetti ruled during the Wednesday hearing that the interview would be admissible at trial and that Crimo III’s constitutional rights were not violated during the interview.
The judge also ruled on a second motion, which prosecutors filed seeking 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 said that the request would be granted and noted that the officer had been very familiar with Crimo III from prior years so he would be allowed to testify to the identification at trial.
Crimo III walked into the courtroom on Wednesday while holding an English version of the Quran.
During the last court hearing last month, Crimo III flashed a peace sign as he entered the courtroom and then flashed another peace sign while smiling as he left the courtroom.
Crimo III had previously refused to attend court hearings in September and October.
Rossetti previously said the case would 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.
Lake County State’s Attorney Eric Rinehart said Wednesday that his office would not comment on the type or amount of evidence that will be introduced at trial.
“… we agree with the judge’s factual findings and legal ruling that police and prosecutors honored all of the defendant’s constitutional rights on July 4 and July 5, 2022,” Rinehart said, adding that his office is continuing to prepare for the trial.
Crimo III has been held in the Lake County Jail without bond since July 6, 2022.
He is scheduled to appear in court again on January 9.