Couple’s texts, emails not allowed in Gliniewicz case
Judge: State marital privilege laws make messages inadmissible
Text and email messages between disgraced Fox Lake police Lt. Joseph Gliniewicz and his wife will not be admissible in court when she goes on trial on charges she helped him steal thousands from a police Explorer youth program, a Lake County judge ruled Thursday.
The decision puts a tougher burden on county prosecutors, who allege Melodie Gliniewicz took part in her deceased husband’s scheme to embezzle funds from the bank accounts of Fox Lake Police Explorer Post 300.
Melodie Gliniewicz, 52, of Antioch Township, faces charges of unlawful use of charitable funds, conspiracy, and money laundering stemming from the allegations. She has pleaded not guilty.
Prosecutors wanted to introduce text messages and emails between the couple regarding Explorer funds investigators believe were taken without authorization.
However, defense attorney Brian Smith argued that messages exchanged prior to Joe Gliniewicz’s death Sept. 1, 2015, should not be admissible because of the state’s marital privilege laws.
Judge James Booras ruled those laws are “designed to protect the sanctity of marriage,” and stop husbands and wives from incriminating each other in court.
“I am required to follow Illinois law,” Booras said. “Because of that, I grant the defense’s motion to bar any evidence obtained during the marriage between the defendant and her husband.”
Also Thursday, Booras continued a hearing on Melodie Gliniewicz’s request he dismiss the charges against her on claims they are unconstitutionally vague. That hearing will resume June 13.
Defense attorneys have argued that prosecutors refuse to list the specific criminal acts they believe Melodie Gliniewicz committed.
Melodie Gliniewicz was scheduled to go on trial May 30, but Assistant Lake County State’s Attorney Scott Turk said Thursday that both sides will return to court before that day to postpone the trial.
The allegations against the Gliniewiczes surfaced in the months after Joseph Gliniewicz was found shot to death Sept. 1, 2015, in a secluded area of Fox Lake. Investigators initially believed the veteran officer had been killed in the line of duty. However, authorities later revealed he had killed himself and made it appear as if he’d been murdered in an attempt to prevent disclosure of his crimes.
Investigators say the couple had been using money donated to the Explorer post for their own purposes. Melodie Gliniewicz served as a civilian adviser to the post, authorities said.
Money from the Explorer fund was used to pay for a trip to Hawaii, movie tickets, pornography websites, and more than 400 restaurant charges, authorities say.
Melodie Gliniewicz’s attorneys have said her husband was the only person in control of Explorer post bank accounts between 2009 and March 2015.