A murder case against a Frankfort Township man is being delayed, pending an appeal by prosecutors that rests on whether the man’s constitutional right was denied during police interrogation.

In 2009, Monica Timar was found wrapped in a comforter in the trunk of her Ford Mustang in the 21000 block of 78th Avenue with a gunshot wound to the head.

Police said Brian Trainauskas gave conflicting statements about her death, one of which involved finding her lifeless body on his bathroom floor, before his arrest.

While sitting in jail, Trainauskas, now 36, was then , pin the Timar murder on someone else, and wash his hands of the whole situation.

At the Illinois Appellate Court level, the Will County State’s Attorney’s Office is challenging Circuit Judge Richard C. Schoenstedt’s ruling that sheriff’s police deprived Trainauskas of his right to counsel during an interrogation on Jan. 23, 2009. Detectives allegedly kept him talking—after he asked for a lawyer—by saying a witness had identified him in a photo lineup.

Prosecutors contend that Trainauskas met and spoke with detectives voluntarily and was not improperly detained. He wasn’t actually arrested until shortly after midnight on Jan. 24, court records show.

In his decision, filed last summer, Schoenstedt said testimony taken from those latter portions of Trainauskas’ interview would be suppressed at trial.

Trainauskas is scheduled back in Will County court for another status hearing on Feb. 29.

He’s also wanted in small claims court, where Capital One is looking to collect on the more than $2,600 of credit card debt he allegedly owes.

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