User:Danfly/New page

Charges Pending
It was confirmed by the FBI on Tuesday  that Sheley was suspected of killing eight people in two states  At this time Sheley was aged 28 and was being sought in connection with eight deaths. He was arrested Tuesday evening at a shopping center in Granite City, Illinois, just 10 miles east of St. Louis, Missouri. Sheley was walking through the parking lot when he was spotted. He was alone, unarmed and arrested without incident on an arrest warrant charging him with the murder of an elderly man in Whiteside County. At the time, Sheley was facing another arrest warrant from Galesburg, in northwestern Illinois, charging him with first-degree murder of a 65-year-old man and He was also suspected in six other killings, including that of a child, in Illinois and Missouri.

All of Sheley's victims had allegedly died from blunt force to the head. While at large, Sheley was considered by the FBI to be armed and dangerous, with a criminal history of armed violence and resisting arrest. He was scheduled for a court appearance on the morning of Wednesday . Details on his arrest were not immediately released, but authorities had offered a $25,000 reward for information leading directly to his arrest. On the Sunday of , police conducting a welfare check in Rock Falls, Illinois, found four people dead, including the child. Four days earlier, another body had been found in nearby Whiteside County. Sheley was a "known associate" to at least one of the Rock Falls victims, state police said. On Monday , authorities found a further body in Galesburg, Illinois, about 80 miles south of Rock Falls and Whiteside County. Sheley was also suspected in the killing of an Arkansas couple in Festus, Missouri, in suburban St. Louis. Missouri authorities told reporters the woman and man were in town for a graduation and last seen at the Comfort Inn in Festus.

Police in Galesburg obtained an arrest warrant against Sheley on charges of first-degree murder, aggravated battery and vehicular hijacking in the death of Ronald Randall, 65, whose body was found behind a grocery store. Authorities suspected that Sheley was likely in the St. Louis area. A bulletin issued by the St. Louis County Police Department described him as an "extremely dangerous" methamphetamine addict. The bulletin also mentioned that "He(Sheley) has stated to his ex-wife that he has more killing to do."

According to a Tuesday affidavit by FBI Special Agent Susan Hanson, Sheley invaded a home in Sterling, Illinois -- just a mile from Rock Falls -- on June 14. A woman inside the home told police the man was Sheley, it says. Sheley then went to Iowa -- where he made a phone call to his wife in Sterling on Saturday -- and then went to Missouri, according to the affidavit. A gas station attendant in Galesburg, less than 60 miles from where the call was placed near Davenport, Iowa, told police he saw Sheley, who appeared to have blood on him, at the gas station.

A stolen truck belonging to Randall -- the victim in Galesburg -- was recovered on Sunday  in Festus, near an Anheuser-Busch distribution plant, authorities said.

Although charges have been filed in only two of the eight deaths linked to accused spree-killer Nicholas T. Sheley, the two Illinois prosecutors involved are discussing whether they will seek the death penalty.

That's according to Knox County State's Attorney John Pepmeyer. Whiteside County State's Attorney Gary Spencer did not returned phone calls seeking comment.

The two also are discussing who will prosecute Sheley first, Pepmeyer said.

Knox County has charged Sheley with first-degree murder, aggravated battery, aggravated vehicular hijacking and two counts of theft in connection with Monday's beating death of Ronald A. Randall, 65, of Galesburg.

He is charged with first-degree murder in Whiteside County in the death of Russell Reed, 93, of rural Sterling, who was killed June 24. Reed is believed to be Sheley's first victim.

The Knox County charges were read to Sheley in court there on Thursday. The 28-year-old appeared without counsel but said he planned to hire an attorney.

Pepmeyer appeared with William Elward, of the state Attorney General's Office. Whiteside County has asked the Attorney General for help prosecuting Sheley, Pepmeyer said.

Rock Falls attorney Jim Mertes, who has represented Sheley in the past, declined to say if he has been asked to do so again.

Sheley always was "respectful and well-behaved in court," Mertes said.

Sheley has cooperated with Knox County deputies, but not as well with investigators, Sheriff David Clague said.

Knox County took custody of Sheley because it is closer to Granite City, where he was arrested Tuesday after a six-day statewide manhunt, Clague said. He will be transferred to Whiteside County when officials here request it.

After Thursday's court hearing, law officers and prosecutors, including Spencer, met in the Galesburg Public Safety Building to discuss the investigation. Spencer declined to answer questions, and said all information would be conveyed through a news release.

The release said Spencer's office is investigating the four homicides that took place last Saturday at 1201 Ave. A in Rock Falls, that Sheley is charged with killing Reed and that Spencer's office will not make any further comment until other charges are filed.

Kenneth Ulve, 25, and Brock Branson, 29, both of Rock Falls, and Branson's fiancee, Kilynna Blake, 20, and her 2-year-old son, Dayan Blake, both recently of Cedar City, Utah, were killed in Branson's apartment.

Two other people, Tom and Jill Estes of Arkansas, were killed Sunday at a hotel in Festus, Mo.; police also believe Sheley killed them. Charges are pending there.

Cause of death in all eight killings was blunt force trauma to the head.

Sheley is scheduled to appear again in Knox County court at 2 p.m. July 21 for a preliminary hearing.

Death Penalty
Missouri law enforcement officials have begun discussing whether to seek the death penalty for Nicholas T. Sheley, who was captured Tuesday night outside a Granite City bar after the FBI linked him to eight killings in Missouri and Northern Illinois.

And one law professor says Sheley, accused of killing people ranging in age from 2 to 93, could be Exhibit A in support of capital punishment.

Festus, Mo., Police Chief Tim Lewis said Wednesday he has had discussions with the prosecuting attorney in Jefferson County, Mo., about seeking the death penalty for Sheley. Lewis said he's "well aware" that the death penalty is allowed in Missouri, but not Illinois.

Sheley may have killed six people in Illinois, which has a moratorium on the death penalty. Authorities say he killed two people in Missouri, which does put convicts to death.

"We want justice. This was a brutal homicide," Lewis said. "We know he's probably never going to see the light of day, but we are going to apply for the death penalty."

Lewis said Jefferson County prosecutors are open to seeking the death penalty, but they first want to see the police reports.

Jefferson County Assistant Prosecuting Attorney Steven Jerrell said, "We have to evaluate the case and get all the facts, then we'll make our decision."

Bill Schroeder, a law professor at Southern Illinois University Carbondale, said Sheley could be "a one-man argument for the death penalty."

"One of his victims was 2 years old," Schroeder said. "Good Lord."

Media reports on Wednesday quoted police sources as saying Sheley used an ax in some of the killings, which authorities believe were fueled by an addiction to drugs, particularly meth.

Sheley was transferred from the Granite City Jail to the Madison County Jail on Wednesday morning. Wearing an orange jumpsuit, handcuffs, shackles and a haggard look, Sheley did not respond to questions from reporters as he entered a police car, escorted by police officers on either side.

At a court appearance in the afternoon via video feed from the county jail, Madison County Circuit Judge Edward Ferguson ordered that Sheley be held there until he is picked up by Knox County authorities.

Ferguson read to Sheley a first-degree murder charge that has been filed against him in Knox County.

Sheley looked down at times and, at one point, took a deep breath.

Ferguson told Sheley his bail on the Knox County charge had been set at $1 million, and asked him whether he could post the required 10 percent in cash, or $100,000, for his release on bond.

"No, sir," Sheley answered.

"Nothing would have made us suspect that something like this would happen," said Ron Potthoff, chief of police in Sheley's hometown of Sterling, a city of 15,000 about 100 miles west of Chicago. "But ... he was becoming more and more noticeable to the officers."

Police say they don't know what motivated the 28-year-old, and said one possibility is that he was on a drug-fueled rampage.

William Monroe, an assistant special agent in charge of the FBI's Chicago field office, said he believes Sheley traveled last week to buy drugs in Chicago, where authorities recovered two handguns taken from the first man killed.

The string of killings began with the beating death of 93-year-old Russell Reed, a Sterling man whose body was found stuffed in the trunk of a car June 26.

Then, the other seven victims' bodies were found Monday.

A child and three adults were discovered in an apartment in Rock Falls, in northwestern Illinois. They were identified by Whiteside County Coroner Joe McDonald as Kilynna Blake, 20, and Dayan Blake, 2, both of Cedar City, Utah, and Kenneth Ulve Jr., 25, and Brock Branson, 29, both of Rock Falls. All died from having their heads bludgeoned. Police say Sheley was acquainted with the two male victims.

Also on Monday, 65-year-old Ronald Randall's body was found near a trash bin behind a grocery store in Galesburg, and Tom and Jill Estes of Sherwood, Ark., whose bodies were found behind a gas station in Festus, Mo. The couple had checked into a Comfort Inn in Festus on Friday and were last seen late Sunday. Their dogs were found in the hotel parking lot, unharmed but covered with blood. In each case, the victims' cars were taken after the killings, police said.

On Tuesday morning, law enforcement officers searched an apartment complex on Vandalia Street in Collinsville, but police said Wednesday they doubt Sheley was ever in Collinsville.

Later in the day, patrons and bartenders at Bindy's, 3705 Nameoki Road near the Granite City Kmart, recognized Sheley from newscasts when he came in, asked for a lighter, tried to use the phone, had a glass of water and was asked to smoke outside. He was in the bar about 10 minutes, witnesses said.

Bar occupants called police, and a patron went outside to flag down a patrol car. Within minutes, police and FBI agents swarmed the bar parking lot.

On Tuesday, Sheley was formally charged with the murder of Randall, in Knox County. Madison County Assistant State's Attorney John Fischer told Ferguson that Whiteside County prosecutors also have filed charges against Sheley, but they've agreed to let Knox County take Sheley first. In Whiteside County, Sheley has been charged with the murder of Reed.

Charges have not yet been filed against Sheley in Missouri, and Lewis said there's no hurry to do so.

"There's not any pressure for us to do something. He's already in custody and he's not going anywhere," Lewis said.

Prosecutors in Knox and Whiteside counties could not be reached for comment.

Schroeder, the law professor, said prosecutors in the three jurisdictions probably have a coordinated approach on when they'll get a crack at Sheley. He said if Knox County wins a conviction, Whiteside County might not continue prosecuting Sheley.

"It's a murder case and they're expensive to try. In a small county, you'd be spending a lot of money on that trial," Schroeder said. "How many life sentences can you give him?"

Jeffrey Urdangen, a Northwestern University law professor, said it's common for prosecutors in multijurisdictional cases to blend their strategies.

"There's tactical reasons to do this, related to the quality of evidence," he said.

Urdangen said Whiteside County prosecutors' decisions might depend on whether Sheley receives a death sentence in Knox County.

"Illinois still has the death penalty, and prosecutors throughout the state are still seeking it," he said. "The moratorium simply relates to the carrying out of the execution."

Public records show Sheley has multiple convictions for robbery, drugs and weapons charges and has spent three years in prison.

Two of Sheley's family members also were being held in Whiteside County on charges connected to Reed's killing.

Eric Smith, Sheley's cousin, was being held on $100,000 bond on an obstruction of justice charge. Sheley's brother Josh Sheley was being held on a $750,000 bond and was charged with concealing a homicidal death and obstructing justice, according to the state's attorney.

Sheley's uncle, Joe Sheley, 47, of Sterling, said before his nephew's capture that Nicholas Sheley recently struggled with drugs and his rap sheet includes arrests for home invasion.

Sheley served nearly three years for aggravated robbery between 2000 and 2003 and another 17 months on parole, which ended in April 2005, Illinois Department of Corrections spokesman Derek Schnapp said.

The state will seek the death penalty in the case against Nicholas Sheley, the Sterling man facing 17 charges in connection with the murder of a Galesburg man.

Knox County State’s Attorney John Pepmeyer read the state’s intent to seek the death penalty based on seven aggravating factors in the bludgeoning death of 65-year-old Ronald Randall.

Since the case is now a capital murder case, Jeremy Karlin was appointed to assist Knox County Public Defender Jim Harrell in his defense of Sheley. Karlin and Harrell are the only Knox County members of the Illinois Capital Litigation Trial Bar.

Sheley is suspected of kidnapping 65-year-old Ronald Randall, hijacking his truck, stealing his wallet and killing him June 28 in Galesburg. He is also suspected of bludgeoning to death eight people in June. He is charged in three of those deaths.

A special hearing concerning the hiring of an DNA consultant for the defense is scheduled for Sept. 11 at 1:45 p.m.

Sheley remain held in the Knox County jail on $10 bond.

Facing the death penalty, Nicholas Sheley was back in court Thursday with plenty to say.

Not only did he say he's not happy with his lawyers, he told the court, he's mentally fit to stand trial.

Thursday's hearing was scheduled to go over whether Sheley would submit to DNA testing. But as the hearing began Nick Sheley asked if he could make a statement.

The judge warned Sheley that anything he said in open court can be used against him. Sheley then waived his rights and proceeded to talk about three things.

He wanted to know can his court appointed attorneys do what they wish when it comes to his defense. He said they blew him off, used fast lawyer talk and filed motions without his knowledge. He wanted the judge to tell him what was the law.

He also asked whether he has the right to review all the documents and evidence when it comes to discovery in his case.

And he told the court he is fit to stand trial, he said I am indeed fit and knowledgeable of my charges.

He read almost everything from a prepared statement. But at that point he opened up a law book and read to the court what it means to be fit to stand trial and he said about himself, "My social behaviours are above and beyond normal."

The judge listened and told him that because this is a death penalty case that he has the right to two court-appointed attorneys. Sheley could also pay for a private lawyer or he can represent himself. The judge asked him to put his preferences and concerns in writing.

Sheley's lawyer also asked if the restraints around Sheley's wrists could be loosen so he could write during the trial.

The judge said all motions will be heard at the next hearing.

As Nick Sheley left the courtroom I asked him, if he wants to be his own lawyer, and he just answered, "I guess we'll find out."

The States Attorney turned over a massive amount of evidence today including thousands of pages of testimony from witnesses along with CDs, videos and audio tapes from all the counties he is accused of committing crimes.

The defense attorneys will now review all that evidence.

The 28-year-old from Sterling is charged with killing 65-year-old Ronald Randall from Galesburg during what investigators called a spree killing in June.

Sheley also faces charges for the murder of a 93-year-old Sterling man and an Arkansas couple found dead in Missouri.

Police also suspect him in the murder of four more people in Rock Falls, but no charges have been filed yet.

Further Charges
More first-degree murder charges have been filed against a man suspected in a June killing spree that left eight people dead in Illinois and Missouri.

The Illinois attorney general's office announced Thursday that a grand jury has indicted Nicholas Sheley (SHEE'-lee) in the deaths of four people found in an apartment in the northwestern Illinois community of Rock Falls.

Sheley had already been charged in the other four killings — two in Illinois and two in Missouri. Prosecutors are seeking the death penalty in at least one of those slayings.

Sheley is being held in Knox County Jail. The Knox County public defender is representing Sheley there and he hasn't returned a call seeking comment.

A man accused of murder in the deaths of eight people faces new charges after allegedly throwing furniture at Knox County Jail employees.

The Knox County Sheriff's Department accuses 29-year-old Nicholas Sheley (SHEE'-lee) of taking the legs off a chair, then throwing them at correctional officers. They had approached Sheley after he allegedly covered a video camera.

The officers received minor injuries that didn't require medical attention.

Sheley is charged with aggravated battery to a correctional officer, aggravated battery to law enforcement and criminal damage to government property.

Sheley also is charged in the bludgeoning death last year of a Galesburg man, as well as in the deaths of five others in Illinois and two in Missouri.

Guilty Plea
A Sterling man charged in the 2008 murder of a Galesburg man told a judge he wants to plead guilty to the crime.

At the start of a motion hearing in Knox County Circuit Court on Tuesday morning, Nicholas Sheley said, “Your honor, I would like to change my plea to guilty.” Ninth Circuit Judge James Stewart asked if Sheley’s attorneys wanted to talk to Sheley about his guilty plea but they elected to discuss the matter after today’s hearing.

Stewart said Sheley, accused of the bludgeoning death of Galesburg’s Ronald Randall, has a constitutional right to revoke his not guilty plea. Stewart said Sheley’s defense must file a statement within 30 days that they have had discussions with Sheley about that decision. “If he still wants to plead guilty against the wishes of his counsel which is his constitutional right, then he has every right to do so,” Stewart said. Sheley, who has criticized the legal and judicial systems in previous court appearances, laughed out loud after Stewart spoke.

The matter will be discussed at Sheley’s next case management hearing Nov. 6. A hearing to discuss a change of venue also is scheduled for that day.

Tuesday was not Sheley’s first mention of guilt. According to a Sept. 23 Sauk Valley News report, Sheley wrote a letter dated July 25, 2009, stating he intends to plead guilty to killing 93-year-old Russell Reed of Sterling. Sheley’s brother, Joshua, is accused of helping hide Reed’s body. Joshua Sheley’s trial, scheduled to begin last week, was delayed until a judge determines if Nicholas Sheley is competent to waive his right against self-incrimination and testify at his brother’s trial.

Illinois Assistant Attorney General Stephen Plazibat requested Sheley’s two sealed competency exams be released to Whiteside County officials so attorneys can prepare for hearings in Josh Sheley’s trial. Sheley objected to their release but Stewart said Sheley needed to file his objection in writing.

Tuesday’s hearing was scheduled to hear arguments on a defense motion to dismiss 16 of the 17 indictments against Sheley based on insufficient pleadings. Defense attorney John Hanlon said the indictments need to be more specific so the defense does not have a disadvantage.

The state argued it has provided the defense with more than 9,000 pages of discovery documents so neither side is at a disadvantage. “They have all the information we have at this point,” said Plazibat.

Stewart denied the motion to dismiss charges, saying the wording in the charges was sufficient.

Sheley faces the death penalty if convicted of Randall’s murder. Sheley also is accused of killing seven others in a two-state killing spree.

Sheley was convicted Sept. 23 in Knox County on five charges stemming from an assault on law enforcement officials at the jail. He faces up to seven years in prison for that crime.

Withdrawal of Guilty Plea
GALESBURG — A Sterling man awaiting trial for the murder of a Galesburg man has changed his mind about pleading guilty.

Sheley, who faces the death penalty in connection with the July 2008 bludgeoning death of Ronald Randall, told the court during a Sept. 29 hearing he wished to plead guilty to all 17 charges.

In a hearing Friday in Knox County Circuit Court to discuss that plea and a change of venue request, Ninth Circuit Judge James Stewart asked Sheley if it was still his intention to plead guilty. Jeremy Karlin, co-counsel for Sheley, spoke on his behalf. “He does not wish to plead guilty at this time,” Karlin said.

In other matters, Stewart denied a defense request for a change of venue saying moving the trial now would be premature. Stewart cited Sheley’s aggravated battery trial where a non-biased jury was selected out of only 35 candidates.

“But the best test is yet to come in voir dire (jury selection),” Stewart explained in his decision. “More people will be called, maybe 500 or more. It makes sense that we try to keep it here.” Stewart said he considered the interests of all parties including Sheley’s constitutional right for a fair trial, the court system’s preference to hold a trial where the alleged crime occurred, and the financial impact of a death penalty case.

Stewart said death penalty cases are incredibly costly but moving the trial to another county adds greatly to the cost. Transportation for the attorney’s in the case, court reporters and witnesses for a trial that could last five or six weeks would be a “tremendous cost to the state,” according to Stewart.

He added the change of venue request may be visited again. “We are still, woefully, in early stages of the proceedings.”

In arguments to move the trial out of Knox County, the defense cited two telephone polls conducted in June and October of this year. Karlin said 85 percent of those who participated in the survey believed Sheley was guilty. Karlin also played audio comments from some of the poll respondents who said Sheley was guilty and should be shot. “People want to kill him and not treat him like a human being,” Karlin said. “If a change of venue is not justified in this case, then there isn’t a case in which it is justified.”

Steven Plazibatt, attorney for the Illinois Attorney General’s office, argued 208 people were eliminated from the poll after they indicated they had no knowledge of Sheley or his alleged crimes. Plazibatt said those could be ideal jurors.

Sheley, who is also accused of killing seven others in a two-state killing spree last summer, was found guilty in September of attacking correctional officers with jagged chair legs and punching one officer in the face. He was sentenced to seven years in prison for that crime and is scheduled to move from the Knox County jail to the Illinois Department of Corrections today.

Officials did not know what prison Sheley would be housed in but those prison officials will be in charge of transporting Sheley to and from future court appearances in Knox County.

A case management hearing is scheduled for 1:30 p.m. Dec. 4.

Trial Delayed
The trial of Nicholas Sheley, who is accused of killing eight people in Illinois and Missouri in 2008, may be delayed up to six months, said a Knox County Circuit Court judge on Friday.

Judge James Stewart stated that because the Illinois Department of Corrections failed to comply with a court order, the trial, which he had hoped would start at the beginning of next year, could be delayed between three and six months.

In June, the court ruled that Sheley’s defense could hire experts for testing purposes and transport Sheley to meet those experts without having to notify the prosecution. The Illinois Department of Corrections was responsible for transporting Sheley but failed to comply. The consequence, Stewart said, is the defense’s preparation for the case is delayed, which will push back the court date.

“Let’s make it clear that the state’s attorney hasn’t been responsible for the delay,” Stewart said. “The defense hasn’t been responsible.”

Instead, Stewart put the blame squarely on the DOC, calling it a “bureaucratic mess up.” The department was found in contempt of court. Stewart did not explain how DOC erred.

Also during Friday’s hearing, which Sheley attended, the judge denied a motion by the defense to assign a special prosecutor to the case.

The defense wanted a special prosecutor to handle motions to dismiss the indictment against Sheley, as well as remove the death penalty as a possible sentence.

Sheley is expected back in Knox County court in September. He is charged with beating Ronald Randall, 65, Galesburg, to death in June 2008.

Prosecution
Judge OKs subpoenas to obtain any documents

GALESBURG —

The defense for Nicholas Sheley, who is accused of killing eight people in Illinois and Missouri in 2008, on Friday requested the prosecution share with them any communication it may have had with Illinois agencies.

Specifically, the defense is seeking documents relating to communications between the prosecution and the Attorney General’s office, Illinois Department of Corrections and governor’s office. The defense subpoenaed both the prosecution and Attorney General’s office in an attempt to turn over those documents.

The Attorney General represents DOC, which is responsible for transporting Sheley to meet with experts hired by the defense to perform certain tests. A judge previously ruled the defense does not have to notify the prosecution of these meetings.

However, DOC recently failed to comply with the court order, which delayed the trial an estimated three to six months. The department was also found in contempt of court in July.

A different section of the Attorney General’s office is helping Knox County prosecutors in the case against Sheley, who was in court Friday. The defense contended communication between the section of the Attorney General’s office representing DOC and those helping local prosecutors could undermine their case. The Attorney General’s office countered that it has established an “ethical wall” to prevent the information from being shared.

Ultimately, Knox County Judge James Stewart approved the defense’s subpoenas. He ruled it was important that the prosecution reveal what types of communications it has had with state agencies, including DOC, because it could impact Sheley’s right to a fair trial.

“We need a record to see if it has happened or not,” Stewart said.

Stewart also noted the Illinois Supreme Court, which will review the case, would want to see that record. The prosecution is seeking the death penalty for Sheley, who is charged in Knox County with the beating death of Ronald Randall, 65, Galesburg, in June 2008.

In response to the subpoena, the prosecution said it has had no communication with state agencies that hasn’t already been presented in court. Stewart asked they put that in writing within 14 days.

During a separate hearing Friday, lawyers from the Attorney General’s office also were in court because of the subpoena.

Stewart ordered a different arrangement between the defense and the Attorney General’s office. A representative from the Attorney General’s office must meet with a defense lawyer to sift through the documents to see which will be included in the subpoena.

The documents will likely include e-mails, letters, telephone calls and other forms of communication. Stewart said he hopes the matter can be cleared up quickly. He also said Friday he hopes the trial could begin in 2011.

“It really is my intention to try this case next year,” he said.

The defense agreed.

Sheley’s next hearing will be in December.

Seperarte Jury
Judge OKs subpoenas to obtain any documents

GALESBURG —

The defense for Nicholas Sheley, who is accused of killing eight people in Illinois and Missouri in 2008, on Friday requested the prosecution share with them any communication it may have had with Illinois agencies.

Specifically, the defense is seeking documents relating to communications between the prosecution and the Attorney General’s office, Illinois Department of Corrections and governor’s office. The defense subpoenaed both the prosecution and Attorney General’s office in an attempt to turn over those documents.

The Attorney General represents DOC, which is responsible for transporting Sheley to meet with experts hired by the defense to perform certain tests. A judge previously ruled the defense does not have to notify the prosecution of these meetings.

However, DOC recently failed to comply with the court order, which delayed the trial an estimated three to six months. The department was also found in contempt of court in July.

A different section of the Attorney General’s office is helping Knox County prosecutors in the case against Sheley, who was in court Friday. The defense contended communication between the section of the Attorney General’s office representing DOC and those helping local prosecutors could undermine their case. The Attorney General’s office countered that it has established an “ethical wall” to prevent the information from being shared.

Ultimately, Knox County Judge James Stewart approved the defense’s subpoenas. He ruled it was important that the prosecution reveal what types of communications it has had with state agencies, including DOC, because it could impact Sheley’s right to a fair trial.

“We need a record to see if it has happened or not,” Stewart said.

Stewart also noted the Illinois Supreme Court, which will review the case, would want to see that record. The prosecution is seeking the death penalty for Sheley, who is charged in Knox County with the beating death of Ronald Randall, 65, Galesburg, in June 2008.

In response to the subpoena, the prosecution said it has had no communication with state agencies that hasn’t already been presented in court. Stewart asked they put that in writing within 14 days.

During a separate hearing Friday, lawyers from the Attorney General’s office also were in court because of the subpoena.

Stewart ordered a different arrangement between the defense and the Attorney General’s office. A representative from the Attorney General’s office must meet with a defense lawyer to sift through the documents to see which will be included in the subpoena.

The documents will likely include e-mails, letters, telephone calls and other forms of communication. Stewart said he hopes the matter can be cleared up quickly. He also said Friday he hopes the trial could begin in 2011.

“It really is my intention to try this case next year,” he said.

The defense agreed.

Sheley’s next hearing will be in December.