Judge will decide Frankfort Township murder case in two weeks

JOLIET – A Frankfort Township man proposed to his girlfriend hours after prosecutors say he killed a woman at his home.

Brian Trainauskas, 40, asked Sarah Volk’s parents for her hand in marriage when he came over for dinner Jan. 21, 2009, according to testimony Thursday at Trainauskas’ bench trial on charges of murder and concealing a homicide.

Trainauskas’ lawyers called Volk and her mother as their only witnesses after Judge Dave Carlson ruled prosecutors had met the burden of proof to show Monica Timar was the victim in the case.

Defense attorney James Sarros had argued Tuesday that prosecutors hadn't tied enough evidence together to prove it was Timar's body that was autopsied.

“It was cold [which would affect] rigor mortis. We have no way of knowing how long that body had been in that trunk,” Sarros said Thursday.

"Assuming I don't consider your client's statements," Carlson said, referring to a videotaped interview Trainauskas had with Will County Sheriff's detectives that was played in court earlier.

Carlson said comparison of a necklace visible in a photo taken when she was alive, which Timar’s brother-in-law identified, and another photo of the necklace at the autopsy contributed to the circumstantial evidence needed for identification.

Prosecutors allege Trainauskas used a shotgun to kill Timar in his basement early on Jan. 21, 2009. Volk testified she'd gone to North Dakota with Trainauskas the weekend before and looked for a place for him to move into, but returned Sunday to get his residence ready for a showing to potential buyers.

Trainauskas’ attorneys argued the planned move is why detectives found signs of recent painting and cleaning in his basement bathroom when they searched his house.

“During the execution of the search warrant, the rest of the house is in disarray. ... It’s not being prepared for a showing in two days,” Assistant State’s Attorney Elizabeth Domagalla said during closing arguments.

Defense attorney George Andrews noted police did not fingerprint the keys, cellphone or wallet found in Timar’s car and doorknobs, computer keyboards and access keypads at Trainauskas’ house because they’d already identified a suspect and didn’t make the effort for a complete investigation.

“[The police work] was the closest modern-day version of the Keystone Cops that I can imagine,” Andrews said.

Andrews also argued evidence of a contact wound from the shotgun shows Timar was "a willing participant in her demise" who was not struggling.

"Did she shoot herself then drive the car and climb in the trunk?" Assistant Will County State's Attorney Dan Walsh asked during closing rebuttal. "Did she shoot herself in the trunk and then get rid of the shotgun?"

Trainauskas was interviewed by police after the body was found and allegedly gave statements that implicated him in Timar's death, but an appellate court ruled the statements could only be used if Trainauskas testified, which he declined to do Thursday.

Trainauskas also is accused of trying to hire another inmate at the Will County jail to kill an assistant state’s attorney. This inmate would also allegedly force another person to confess to Timar’s slaying, prosecutors say, and then would subsequently kill that person.

That case awaits resolution of this trial, which could give Trainauskas a life sentence behind bars if he is convicted.

Carlson said he would review the evidence presented and determine his verdict in two weeks.