Gun Case: Why Western Springs Keeps Statements Secret

WESTERN SPRINGS, IL – Western Springs is sticking to its decision to keep statements secret in the case involving two men who pointed a gun at a 23-year-old female co-worker.

Earlier this week, the village responded to Patch's request to reconsider keeping under wraps the written statements from the two suspects. At the same time, Western Springs released the police report on the incident.

Justifying its decision, the village cited an exception under the state's open records law. It allows a public body to withhold documents that would create a "substantial likelihood" that suspects would be deprived of a fair trial.

The village's reply to Patch cited a statement it said was from its attorneys.

"It is a constitutional right that someone arrested and charged is presumed innocent until proven guilty," the village said. "The burden is on the State, and no defendant is obligated to take the stand. As such, to have a defendant's statement out in public would result in a substantial likelihood of deprivation of a fair trial."

The village cited an appellate court's decision in 2019 in making its argument. The court sided with the city of Joliet's decision to keep secret suspects' videotaped statements.

"The Illinois Code of Criminal procedure explicitly states that a written statement as a result of a custodial interrogation made at a police station is inadmissible at trial, absent certain exceptions," the village said. "As such, it would substantially deprive the defendants’ right to a fair trial if their custodial interrogation statements were released in the public prior to trial or other disposition of their charges."

The attorney general's office disagreed with Joliet's use of the fair trial exemption, saying it could apply to any police report involving a suspect before trial. The attorney general's opinion is not binding.

According to a Western Springs police report, Cesar Y. Chaidez, 27, of Chicago, and Manuel Paredes, 24, of Joliet, submitted written statements in the investigation.

Police said they pointed the unloaded gun at a co-worker at the Animal Hospital of Western Springs, 905 55th St. One of them pulled the trigger while pointing the weapon, police said. They were charged with disorderly conduct.