'Samantha Harer Tragically Took Her Own Life': Lawyer For Flores

JOLIET, IL — The Itasca law firm that defended former Crest Hill Police Officer Phil Flores in a 2018-2021 federal civil rights lawsuit has convinced Will County Judge John Anderson to vacate a default order recently entered against Flores. The Joliet resident was a no-show for his recent Will County Courthouse hearings in last October's wrongful death lawsuit filed by the parents of Samantha Harer.

According to a three-page motion filed March 2 by attorney David Mathues of Hervas, Condon & Bersani, "Flores denies and has always denied, plaintiff's allegation and maintains that his girlfriend, Samantha Harer, tragically took her own life."

Mathues noted that the Will County lawsuit filed by New York civil rights attorney Jennifer Bonjean, on behalf of Kevin and Heather Harer, "is a continuation of a lawsuit previously filed in federal court."

According to Mathues, all the plaintiffs' claims against the municipal defendants, Channahon and Crest Hill, were dismissed in a series of rulings by federal judges, and "the federal court relinquished jurisdiction over the state law claims against Felipe Flores, the lone defendant in this case."

Since then, the parents of Samantha Harer filed state claims alleging wrongful death at the Will County Courthouse. Mathues informed the Will County judge that his law firm defended Flores in the federal lawsuit, while Channahon and Crest Hill had their own counsel.

When Flores was served with Will County court papers, Mathues was unsure if his law firm would continue to represent the former Crest Hill police officer. "Flores was informed of this fact and set about looking for his own counsel," the Itasca lawyer wrote.

Flores reached attorney Amil Alkass of O'Flaherty Law and Alkass agreed to represent Flores, who paid him "a substantial sum of money upfront and agreed to pay an additional sum in installments," Mathues stated.

According to Mathues:

"Flores believed that Mr. Alkass would be representing him and anticipated that Mr. Alkass would be filing a motion or motions in advance of the first court date in this matter, which Flores understood to be February 10, 2023. However, Flores has repeatedly attempted to contact Mr. Altass in the past few weeks. Mr. Alkass has not responded to any of Flores' communications."

On Feb. 10, Flores realized "not only did Mr. Altass not appear on his behalf, as Flores anticipated, but a judgment of default was entered against him. As of the filing of this motion, Mr. Flores has not heard back from Mr. Altass regarding representation," Mathues noted.

Last week, Mathues entered an appearance in the Will County case on Flores' behalf to protect Flores' rights, and to ask "this court to vacate the judgment of default issued on February 10, 2023."

The Itasca lawyer noted that a default order can be set aside within 30 days and "as the court knows, such motions are routinely granted. Here, it is reasonable to set aside the default for several interrelated reasons."

The stand-in lawyer for the former Crest Hill officer asked Anderson to give Flores an additional 45 days "to give Flores sufficient time to determine how he will be represented in this matter."

During Wednesday's Zoom hearing, Anderson agreed with the defense, and he set aside the default judgment he entered against Flores on Feb. 10. The judge gave Flores 45 days to file his answer regarding Bonjean's lawsuit.

During a phone interview Thursday, Bonjean told Joliet Patch she and Samantha's parents want to have a trial in Will County. They did not want to see the case end with a default judgment.

In December 2018, the Channahon Police Department announced that Harer's death was ruled a suicide as a result of a self-inflicted gunshot wound.

"The tragedy is that the case was not properly investigated, but this trial will ultimately have to serve the purpose of bringing the truth to light and provide the family with the answers that they have long been awaiting," Bonjean said.

According to his attorney profile, Alkass has practiced law in Illinois for more than 20 years and his expertise includes divorce and family law, felony and misdemeanor defense, traffic defense, immigration, Illinois DCFS investigations and more.

On Thursday, Joliet Patch interviewed Alkass about Flores. Alkass said he was unaware that his name had been mentioned in this week's Will County court filings. Alkass told Patch that Flores has not officially retained him as counsel.

As for the Feb. 10 court hearing in front of Judge Anderson where the judge entered the judgment of default against Flores, "We weren't retained nor paid any retainer," Alkass said.

Related Samantha Harer Coverage By Patch:

Harer Family Lawyer: 'This Lawsuit Was Never About Money For Them'

Phil Flores Shot, Killed Samantha Harer In Jealous Rage: New Lawsuit

Samantha Harer: Here's Why Flores Wasn't Re-Interviewed