Choose tosses statements made by man charged in 1972 homicide of youth Julie Ann Hanson

A decide has thrown out statements {that a} 77-year-old Minnesota man charged within the stabbing dying of a 15-year-old suburban Chicago lady almost half a century in the past made to police and to his spouse.

Will County Choose David Carlson on Wednesday granted two protection motions tossing out statements that Barry Whelpley of Mounds View, Minnesota, made to police once they searched his dwelling and a dialog between Whelpley and his spouse that police recorded. Police arrested Whelpley in June final yr.

“It is important to the protection. And it is a important loss to the prosecution,” Whelpley’s protection lawyer, Terry Ekl, advised the Arlington Heights Every day Herald.

Whelpley is charged with first-degree homicide and aggravated legal sexual assault for the 1972 dying of Julie Ann Hanson. The 15-year-old Naperville lady disappeared on July 7, 1972, whereas driving her bicycle. Her physique was found a day later in a area. She had been stabbed 36 occasions, coroners mentioned.

Earlier this month, Hanson’s household stared down Whelpley in courtroom, CBS Chicago reported. The household didn’t need to converse on digital camera however they advised the station they by no means thought today would come.

In his motions, Ekl argued that Whelpley was not suggested of his Miranda rights through the search of his Minnesota dwelling and that, consequently, police weren’t allowed to interrogate him through the search. Prosecutors argued that Whelpley was not in custody through the search and that police had been allowed to speak to him.

“They’d a physique digital camera on throughout their interview with him in the home – it befell about seven or eight hours. However then when his spouse obtained there, two of the detectives took the physique cameras off, put them on a desk – which permitted them to report a personal dialog between the defendant and his spouse – and that is a violation of the Illinois Eavesdropping Statute,” Ekl mentioned.

Carlson dominated movies of the search confirmed seven or eight armed cops and that the questions requested had been immediately associated to the 1972 homicide. The decide additionally banned the usage of statements made on the police station after Whelpley’s second request for an lawyer.

Ekl’s motions didn’t go into element about what Whelpley mentioned to police or his spouse, and he declined to elaborate after Wednesday’s ruling.

The Will County state’s lawyer’s workplace declined to touch upon Carlson’s ruling.

The lady’s homicide remained unsolved for many years. The breakthrough within the case got here by means of technological developments in DNA and genetic family tree evaluation, police mentioned. From that got here the scientific proof that pointed to Whelpley, a 1964 graduate of Naperville Excessive Faculty who lived a few mile from the lady’s home when she was killed.

Whelpley stays within the Will County jail on $10 million bond.

Barry Whelpley, proper, is charged within the 1972 homicide of 15-year-old Julie Ann Hanson, left.

CBS Chicago

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