Will Allan Kustok Get a New Trial?

Before Christmas, Allan Kustok will learn whether a judge will grant him a new murder trial or decide on a prison sentence.

Kustok, convicted of shooting his wife Jeanie in the head with a .357 Magnum handgun in the master bedroom of their Orland Park home, brought her to Palos Community Hospital in September 2010 and claimed she shot herself.

In March, a jury returned a guilty verdict against the philandering 63-year-old husband and father in less than two hours, hearing testimony from family, experts and Kustok’s various lovers.

His attorneys plan to present testimony in court on Dec. 4, according to a Tribune Media report, to dispute the contention that Kustok held the weapon to his wife’s head.

On Thursday, testimony focused on gunpowder residue on Jeanie Kustok’s pillows, including the one under the pillow on which her head rested. A forensics expert said there shouldn’t be residue on that pillow under the prosecution’s scenario, but he also said he couldn’t be sure the residue actually came from the gun that fired the bullet into her skull. The bullet was found inside the top pillow.

The defense, which has asserted that Jeanie Kustok shot herself with the high-powered handgun, believes this testimony contradicts the prosecution’s expert testimony that a killer stood over her and held the gun inches from her head.

Judge John Hynes told attorneys he’ll likely make decisions on all post-trial motions by Dec. 19.

» more via Chicago Tribune Media