Joliet Murder Defendant Gilbert Bernal Was Released, But Is He Really Free?

JOLIET, IL — After spending about 40 days in the Will County Jail, one of the county's oldest inmates, Gilbert Bernal, was let out of jail last week by the Will County Sheriff's correctional guards. The Joliet Township first-degree murder defendant achieved a great victory in Courtroom 503 as Will County Judge Art Smigielski ruled in favor of Bernal and his criminal defense attorneys Dave Carlson and John Fotopolous, under the Illinois SAFE-T-Act.

The Will County State's Attorney's Office lost its petition to deny pretrial release for Bernal, who is 82 years old and has been living in Flint, Michigan in recent years. Carlson informed Judge Smigielski that his client still had lot of his own family members in the Joliet area and that temporary living arrangements could probably be made through them.

On Jan. 2, the Will County Sheriff's Office booked Bernal into the jail on first-degree murder charges in connection with the December 1988 disappearance of his wife, Joan, whose body has never been found. Joan Bernal was declared legally dead in the 1990s. The Bernals lived on Joliet's east side, in the Preston Heights area, in the 100 block of Zarley Boulevard.

After the SAFE-T-Act ruling from Judge Smigielski, several members of Joan Bernal's family met with prosecutors and Will County Sheriff's detectives. Joan Bernal's supporters were hoping that Gil Bernal would remain incarcerated in the Will County Jail, but Judge Smigielski ruled differently.

Although Gilbert Bernal walked out of jail last Wednesday around supper time, it's not as if you will encounter him exercising this week at the Joliet Park District's Inwood Athletic Club, taking in a concert at the Rialto Square Theater or meeting with friends for lunch at Cemeno's Pizza.

Will County Judge Smigielski imposed a large number of conditions upon Bernal in regard to his release from the community under the Illinois SAFE-T-Act.

The judge's restrictions for Bernal include the following:

• Cannot leave the state of Illinois without permission from the court.
• Electronic monitoring ordered.
• Bernal is to remain on home confinement 24 hours a day except for medical, legal or religious purposes.
• Bernal is to have no contact with any of the prosecution's witnesses in his case and have no contact with the victim's family.
• Bernal must report to the Office of Statewide Pretrial Services and continue to report as directed by the agency.
• The judge also required Bernal to surrender his Passport prior to being let out jail. Prosecutors had indicated that Bernal has made at least three dozen trips to Mexico in recent years.

Back in 1993, Bernal was arrested for the first time in connection with Joan Bernal's disappearance and that time, he was given a $250,000 bail, of which he paid the necessary 10 percent to regain his freedom. However, Bernal never stood trial. In 1994, the Will County State's Attorney's Office chose to dismiss his murder charges at the time.

Bernal's next appearance in front of Judge Smigielski is set to take place this Friday, Feb. 20 in Courtroom 503.