Kane County coroner Chuck West in 2010. (Lane Christiansen/Tribune)
The attorney for the Kane County coroner argued Monday that the misconduct charges filed against his client should be declared unconstitutionally vague, and a judge promised a ruling on the motion next month.
Charles West is awaiting trial on the charges that he broke state law when he gave a television from the home of a dead Carpentersville man to two of his deputies, one of whom is his son. The coroner's office had investigated the man's death in 2007 and was not able to locate any next of kin.
One of the misconduct charges against West is that he failed to properly dispose of "valuable" property as directed by the statute governing the operation of coroners' offices. On Monday, West attorney Gary Johnson argued before Judge Bruce Lester that the meaning of "valuable" is so broad that to prosecute West under that standard would violate his right to due process.
"The word 'valuable' is the whole thing," Johnson said.
In other criminal statues, value is often explicitly defined, he noted, like the $300 threshold between a felony and a misdemeanor theft. The Legislature probably intended the property disposal directive in the coroners law as guidance, Johnson said, not as a warning against theft.
But State's Attorney Appellate Prosecutor Charles Colburn offered the opposite approach.
"I believe exactly what the Legislature intended is to prevent coroners from looting the homes of deceased individuals," Colburn said.
Whoever tries the case — whether a judge or jury — should make the determination of whether the TV constituted valuable property, he argued.
The judge said he would review case law and issue his ruling Sept. 22.
Charles West is awaiting trial on the charges that he broke state law when he gave a television from the home of a dead Carpentersville man to two of his deputies, one of whom is his son. The coroner's office had investigated the man's death in 2007 and was not able to locate any next of kin.
One of the misconduct charges against West is that he failed to properly dispose of "valuable" property as directed by the statute governing the operation of coroners' offices. On Monday, West attorney Gary Johnson argued before Judge Bruce Lester that the meaning of "valuable" is so broad that to prosecute West under that standard would violate his right to due process.
"The word 'valuable' is the whole thing," Johnson said.
In other criminal statues, value is often explicitly defined, he noted, like the $300 threshold between a felony and a misdemeanor theft. The Legislature probably intended the property disposal directive in the coroners law as guidance, Johnson said, not as a warning against theft.
But State's Attorney Appellate Prosecutor Charles Colburn offered the opposite approach.
"I believe exactly what the Legislature intended is to prevent coroners from looting the homes of deceased individuals," Colburn said.
Whoever tries the case — whether a judge or jury — should make the determination of whether the TV constituted valuable property, he argued.
The judge said he would review case law and issue his ruling Sept. 22.