82-Year-Old Murder Defendant Gil Bernal Living Too Close To State's Attorney Jim Glasgow: Emergency Motion

JOLIET, IL — Will County State's Attorney Jim Glasgow has not held a press conference since he spoke at the Joliet Police Station back in September 2024 and he rarely appears at the Will County Courthouse for any of the murder cases handled by his office. But on Tuesday, Glasgow filed an emergency petition asking Will County Judge Art Smigielski to modify the conditions of the pretrial release order for Joliet 82-year-old first-degree murder defendant Gilbert Bernal.

Last week, the Joliet Township murder defendant was freed after spending the previous 40 days in the Will County Jail. In early January, Will County Sheriff's detectives arrested Bernal at his current residence, in Flint, Michigan.

Bernal is being prosecuted for the second time in his life for the December 1988 disappearance of his wife Joan Bernal, whose body has never been found. Back in 1994, Glasgow had the murder case dismissed before Gilbert Bernal stood trial. He had been living in the Joliet community at the time, after posting 10 percent of his $250,000 bail set by Will County Judge Rodney Lechwar.

According to Glasgow's emergency motion, on Feb. 11, Judge Smigielski entered an order setting conditions of pretrial release for Bernal, which included 24-hour home confinement "at XXXXX Avenue, Illinois. At the time of the initial hearing the court dutifully heard and considered evidence as to the safety of placing the defendant in Flint, Michigan where the defendant and his family reside.

"The same consideration should be applied to the defendant's placement in Will County as to the safety of the investigators and prosecutors involved in the case," Glasgow's filing suggested. "Failing to do so opened the possibility that the defendant could have even been placed in the house right next door to Mr. Glasgow's residence."

Glasgow's emergency motion noted that "the specific proximity of the defendant's placement to the Will County State's Attorney and his family was not explicitly addressed. Had this information been presented to the court, it would have revealed that the defendant's place of confinement is located approximately two miles away, estimated five minutes away, by car along the very route that the defendant would have permission to drive to and from downtown Joliet for court, or to meet with his attorney, from the primary residence of the Elected Will County State's Attorney, James Glasgow, and his family, eight miles from a second adult son and his family; and four miles from a third son and his family."

The emergency motion further explained that "this proximity creates a continuing untenable risk of accidental or intentional contact, surveillance, perceived intimidation or harm involving the defendant or the defendant's associates, involving the Elected State's Attorney, the lead prosecutor responsible for the defendant's prosecution and his family."

Glasgow's motion reminded Judge Smigielski that Glasgow originally indicted Bernal "for this murder back in 1993. In 1994, the case was dismissed after witnesses came forward alleging they saw Joan Bernal alive. After reviewing new evidence uncovered through further investigation by law enforcement including statements that will be admissible under the forfeiture by wrongdoing hearsay exception ... the Will County State's Attorney authorized the matter to be re-indicted before a Will County grand jury in 2025."

The final sentence in Glasgow's motion indicates, "the defendant is ambulatory and not confined to a wheelchair and has access to two automobiles at his current location."

A hearing on Glasgow's motion is scheduled for Feb. 26.