Judge Kennedy Goes Easy On Lockport Baby Killer Mark Trubiano

On October 18, Will County Circuit Judge Daniel Kennedy presided over the plea and sentencing for Mark Trubiano. The 46-year-old Lockport man, charged in 2009 with first-degree murder, pleaded guilty to the reduced charge of involuntary manslaughter in the death of Trubiano's two-month-old daughter, Storey. Daniel Egan and Colleen Griffin of the Will County State's Attorney's Office were in the courtroom.

"Judge, the State's evidence would show on December 27th of 2009, at about 7 p.m., Lockport police went to the location at 724 Hemlock. Emergency personnel went to that address," Griffin told the court. "After that, officers were called to Children's Memorial Hospital in Chicago for a two-and-a-half month old baby ... transferred there from Silver Cross Hospital and diagnosed with suffering from subdural hemorrhage on the brain and retinal hemorrhages to the eyes consistent with trauma. The doctor, the attending physician there, told the officers that the child had brain damage and may pass away."

As the defendant listened along, Griffin told everyone gathered in Courtroom 400, including Judge Daniel Kennedy, that both of the baby's parents were interviewed separately by police. "When officers spoke to the defendant, he eventually admitted that he shook the baby three times while holding her below her butt at the base of her neck. She then stopped crying," Griffin told the judge.

Storey Trubiano died on December 30, 2009. An autopsy would show the cause of death was blunt force trauma. The Lockport baby's death was ruled a homicide.

RELATED: Man Pleads Guilty To Involuntary Manslaughter Of Daughter

"Judge, the State has no evidence to present to the court in aggravation, and the state would just recommend a prison sentence," Griffin urged.

"OK," Judge Kennedy responded.

Kennedy glanced over to the defendant's team of hired lawyers, Paul Deluca and Kevin Cummings.

"I just ask you consider the letters," DeLuca stressed.

DeLuca provided the judge with about 15 letters of good character from people vouching for the baby killer. Kennedy made them restricted documents, so they are currently off-limits to the public, court files reflect.

"OK. I have read all of the letters," Kennedy informed the defendant. "Sir, is there anything you want to say before I impose sentence? Now is your time to do it. It's called your right of allocution."

Moments earlier, Judge Kennedy reminded Mark Trubiano about the ramifications of pleading guilty to involuntary manslaughter, a Class 2 felony. "The maximum sentence is three to 14 years in the Department of Corrections," Kennedy explained. "You're subject to up to a $25,000 fine and following your release from the Department of Corrections you're subject to two years mandatory supervised release which used to be called parole. Do you understand the maximum sentence?"

"Yes, sir," Mark Trubiano answered.

The judge later asked, "Has anybody forced or coerced you to enter this plea of guilty? Has anybody promised you anything for your to plead guilty?"

"No, sir," the defendant responded to both questions.

DEFENDANT TRUBIANO SPEAKS

At sentencing, Trubiano stood and spoke up. "Your honor, thank you for allowing me to speak on my behalf today and enter a plea with the court and maintain my innocence.

"During the last eight years I have followed all the rules of my bond. I have always been present for every court date, and I never missed one of them. I have not been allowed to leave the state, nor be around anyone under the age of 18. I have followed everything that has been mandated. I have missed out and lost precious moments and time with my family and friends due to these provisions."

Documents at the courthouse show Mark and Dawn Trubiano were married for eight years when their baby daughter Storey died. The couple owned a home together in Lockport. He had a stable work history at Design Craft as a design operator.

"This has been an extremely trying and emotional time for me, my wife and my entire family," Trubiano told Judge Kennedy. "I am trying to move forward and look to my future. I have a desire of moving and opening my own business hopefully out of state so that I can start establishing financial stability for myself and my family."

Trubiano wanted Kennedy to grant him leniency.

"I am willing to serve all that comes with probation, and I am asking you not to sentence me to any jail time. This will immensely hinder me and my family's emotions and financial well-being.

"The past eight years have been a nightmare beyond belief. Unless you have a lost child, you cannot imagine what life has been like for me and my family. Two weeks ago would have been her eighth birthday. We have never had the opportunity to make a celebration and we never will. The pain of the milestone is unbearable. As I can consider my future, I will always remember the past.

"Your honor, I ask that you allow me to begin to move forward with my life and start rebuilding. Let me remain home with my family and allow me to be able to lay my daughter to rest. With much respect, thank you."

At no point during sentencing did Mark Trubiano mention his dead daughter by her name.

KENNEDY GRANTS PROBATION

Daniel Kennedy was elected a circuit court judge by the voters of Will County in November 2014. That spring, he captured 28 percent of the vote in a Democratic primary runoff to advance to the general election. Name recognition in the Joliet-area legal community certainly worked to Kennedy's advantage. A Joliet Patch article announcing his judicial candidacy noted that Kennedy had practiced law in Joliet for 27 years and took up his family's law profession that began with his grandfather.

RELATED: Joliet Attorney Announces Bid For Will County Judge Opening

"What I want voters to know is two-fold – that I am committed to upholding the principle of justice for all in Will County, and that I have the experience and knowledge necessary to fulfill the duties of this position," Kennedy announced in a December 2013 press release publicizing his judicial candidacy.

Now, almost four years later, Kennedy had to deliver justice for Storey Trubiano, the little baby from Lockport who died at the hands of her father.

"There is a presumption of probation here," Kennedy announced Oct. 18 in his courtroom. "I have looked at the (Pre-Sentence Investigation). I am looking at factors in aggravation. I don't see really any factors in aggravation considering the PSI, the letters of recommendations and some of the evidence that I have heard in this case ..."

The judge focused on mitigation, the factors that benefited the defendant.

"I find that No. 2 applies. The defendant did not contemplate that his criminal conduct would cause or threaten serious harm to another. (And) No. 4, there is substantial grounds tending to excuse or justify the defendant's conduct in failing to establish a defense ... The evidence, the main evidence in this case has been lost and was not able to be re-tested. That would apply here."

Kennedy was referring to the fact that the Cook County Medical Examiner's Office, where the child's autopsy was performed, apparently lost the child's brain while Mark Trubiano's 2009 homicide case was moving at a turtle's pace through the Will County judicial system.

Meanwhile, Kennedy offered up even more reasons to go easy on Trubiano, Joliet Patch found.

The "defendant's criminal conduct was the result of circumstances that are unlikely to reoccur," Judge Kennedy pronounced. "The character and attitudes of the defendant indicate that he's unlikely to commit another crime. I think that applies. The defendant is particularly likely to comply with the terms of a period probation; that applies."

Lastly, Judge Daniel Kennedy declared, "The imprisonment of the defendant would entail excessive hardship to his dependents and his wife; I think that would apply. So given that, the sentence of the court is 36 months probation, 100 hours community service work and fines and costs. That's the sentence of the court."

Trubiano got credit for the eight days he spent inside the Will County jail around the time when he was initially charged with murder.

TIME FOR VACATION

Now that Judge Kennedy gave his client probation for an involuntary manslaughter conviction, Trubiano's lawyer Paul DeLuca asked the judge for a favor.

"Judge ... my client does anticipate eventually traveling to Texas to possibly live there. In any event, judge, can he have, they would like to take a short vacation. They haven't gone anywhere in eight years. Could he possibly travel with notice to probation or do you want me to come to court to ask?"

"As long as probation approves. I think probation has to consent to travel anyway, so if they consent, that's fine," Kennedy responded.

Image of Will County Judge Daniel Kennedy via Patch files

Booking mugshot of Mark Trubiano via Will County Sheriff's Department

Vacation image of Pixabay