Joliet Teacher's Homicide: Did Police Violate Husband's Rights?

JOLIET, IL — Five years and three months after the death of Joliet's Gompers Junior High School teacher Becky Kazecki, her husband Michael Kazecki is asking Will County Judge Daniel Rippy to suppress his interview with Joliet police.

"Michael Kazecki's due process right as constitutionally protected by the Constitution of the State of Illinois were violated by the Joliet Police Department when they failed to allow him an opportunity to consult with his counsel and further when they failed to adequately provide the defendant information to make a knowing, intelligent and voluntary waiver of his right to counsel," argues Joliet attorney Nathaniel Tate on behalf of his first-degree murder defendant.

Tate's motion to suppress his client's interview at the Joliet Police station with Detective Dave Jackson will be up for a hearing on Wednesday morning in front of Rippy. It's the only remaining Will County murder case in which a judge has imposed a long-standing order barring the defense and the prosecution from interviews with the news media.

Michael Kazecki, who now lives in Oak Lawn, is one of only a handful of Joliet first-degree murder defendants who remain free while awaiting their respective trial. His mother posted 10 percent of his $2 million bail three weeks after his August 2018 arrest in connection with the death of his wife, who died of head trauma, according to Will County's prosecutors.

The Kazecki family lived in a two-story house in the 700 block of McDonough Street. Michael Kazecki was a teacher at Washington Junior High School at the time of his wife's death.

According to Tate's motion:

• On Aug. 7, 2018, Michael Kazecki was taken to the Joliet Police station by Detective Jackson and a second Joliet police vehicle followed them. The motion contends that "Michael Kazecki was subjected to extensive and lengthy questioning by Detective Dave Jackson and other law enforcement officers of the Joliet Police Department that lasted almost 24 hours."
• Prior to Kazecki's arrest, his family called The Law Offices of Edward R. Jaquays. The downtown Joliet law firm was paid a retainer by Kazecki's family and the attorney-client relationship began.
• At 3:40 p.m., counsel for Kazecki called Joliet police to inquire about the status and location of the Washington Junior High School teacher.
• During the call, now-retired Joliet Police Sgt. Scott Nicodemus was informed that the Jaquays law firm wanted to come to the police station immediately to speak with Michael Kazecki and "requested that no further questioning of the defendant take place until his counsel has had an opportunity to speak directly with the defendant."
• At 3:50 p.m., Tate arrived and Sgt. Nicodemus came to the police station lobby and "despite the defendant, Michael Kazecki's counsel formally requesting to consult with his client, Sergeant Nicodemus denied such request and merely advised that he would take counsel's business card and pass same along to the defendant."

• From there, Nicodemus brought Tate's business card to a restricted area of the Joliet police station, while Tate remained in the lobby.
• At 4:08 p.m. Nicodemus returned to the lobby and "advised defendant's counsel that the defendant did not wish to speak to counsel."
• At 4:10 p.m., Tate left Joliet's police station "after it became clear that counsel was not going to be afforded the opportunity to meet with the defendant; thus, the Joliet Police Department had no intention of affording the defendant his right to counsel."
• Over the years, Tate indicated, the law firm has reviewed their client's interrogation. At 3:54 p.m. on Aug. 7, 2018, there was a knock on the interrogation room of Detective Jackson and an unidentified female officer. Both officers stepped out of the room and left Kazecki alone.

• At 3:59 p.m., Jackson and the officer returned and told Kazecki that Sgt. Nicodemus was at the door. "We have a Nathaniel Tate that is from Jaquays that said that he wanted to represent you. It's up to you what you want to do," Jackson told him.
• Kazecki is notified that Tate gave Nicodemus his business card and "is here saying he wants to represent you, he came in and identified himself as an attorney."
• At 4:02 p.m., Jackson took a phone call and stepped out of the interrogation room. In Jackson's absence, the second officer was asked by Kazecki if he could ask the lawyer some questions first. She told Kazecki that Kazecki could talk to Jackson.
• "That despite indicating to the defendant, Michael Kazecki, that an attorney was present and wanting to represent him, members of the Joliet Police Department never specifically advised the defendant that counsel from The Law Offices of Edward R. Jaquays had retained on his behalf by his family," Tate's motion stated.
• Tate contends that due process laws in Illinois require the accused be given the benefit of counsel and such benefit extends to interrogations.
• "That due to such violation of the defendant ... any such statements made while in the custody of the Joliet Police Department should be suppressed and excluded from being presented as evidence within this ... pending matter," Tate's motion declared.

Kazecki's murder trial is to begin at the end of February.