John Sadler, 70, has been free on bond for nearly three and a half years while he waits on his criminal trial in Will County court.
Sadler first faced murder charges when the Romeoville police found the 10-day-old corpse of his wife, Carol Sadler, 66, in their Benzie Circle home in July 2010.
John Sadler, a retired accountant, was jailed soon after the grisly discovery and held on a $3 million bond. But even though he reportedly admitted to police that he hit his wife in the head with a hammer, prosecutors dropped the charges to the aggravated battery of a senior citizen and aggravated domestic battery.
John Sadler's bond was reduced to $300,000. He promptly posted it and was released from custody.
The charge change was prompted by autopsy results that showed Carol Sadler actually died of a heart attack and not the head wound allegedly inflicted by her hammer-wielding husband.
With the murder charges out, John Sadler's attorney, Ignatius Villasenor, now will argue that his client's supposed statements to police shouldn't be used against him for the felony battery case.
Villasenor filed a motion claiming the police questioned his John Sadler without advising him of his right to remain silent.
John Sadler was "handcuffed and believed he was not free to leave the presence of police" and was "not read or explained his constitutional rights," the motion said.
Will County Judge Amy Bertani-Tomczak will hear arguments on whether to admit John Sadler's statements next month.