Judge rules prosecutors can't use emails, texts between Melodie, Joe Gliniewicz at trial

WAUKEGAN – A Lake County judge Thursday dealt a blow to the prosecution of widow Melodie Gliniewicz for what authorities have said is her involvement in disgraced Lt. Joseph Gliniewicz's misuse of charitable funds from a Fox Lake Police Explorer program.

Lake County Judge James Booras also postponed a ruling on a motion to dismiss the case.

Melodie Gliniewicz faces felony charges of money laundering, conspiracy and misusing charitable funds after Lake County authorities said she played a role in laundering money and using more than $10,000 worth of charitable funds from the Fox Lake Police Explorer Post 300 for her own personal benefit. Her late husband ran the nonprofit program for youth interested in policing.

Detectives said the Police Explorer money was used to pay for a trip to Hawaii as well as at businesses such as Starbucks, Dunkin' Donuts, the Fox Lake Theatre and more than 400 other restaurant charges.

Prosecutors charged Melodie Gliniewicz about three months after Lake County Major Crimes Task Force investigators announced Joseph Gliniewicz shot himself. Investigators said Joseph Gliniewicz, fearing that his years of embezzlement would be discovered, staged his September 2015 suicide to look like a homicide. Melodie Gliniewicz faces up to seven years in prison if convicted.

[ Timeline of Fox Lake police shooting, manhunt, investigation.  ]

Melodie Gliniewicz’s attorney, Donald Morrison, had asked the judge to keep prosecutors from using any communication between the couple at trial. Morrison argued the statements would be protected by spousal privilege.

Confidential communications between a husband and wife are protected to ensure that both parties feel free to communicate their deepest feelings to each other without fear of them coming up in a court of law, according to both state and federal law.

In Illinois, the husband and wife privilege extends to all types of communications between them.

The Lake County Sheriff's Office recovered text messages from Joseph Gliniewicz's personal and work cellphones during its investigation – including incriminating messages that were deleted before his death, authorities said. Conversations ranged from his thoughts on Fox Lake Village Administrator Anne Marrin to using the Police Explorer account for various expenses.

“The marital communication privilege has a long common law history, and was recognized in order to ‘promote marital harmony and stability,’ ” Morrison said in his motion. “To allow the text messages and emails between the defendant and her husband to be admitted into evidence would betray the purpose of marital privileges.”

Brian Smith, one of Melodie Gliniewicz’s attorneys, said that given the changes in technology over the years, any form of communication between spouses should be considered confidential, including emails and text messages.

“Texts and emails are just another form of written communication,” Smith said in court.

Lake County Assistant State’s Attorney Scott Turk said communications between the couple were found after authorities searched their home. Turk took issue with the defense’s argument and said he believed all statements should be admissible because they are not direct testimony.

“The communications between the defendant and Joseph Gliniewicz involve statements regarding their joint criminal enterprise or conspiracy,” Turk said in his motion.

Judge James Booras said Thursday that text messages or emails between Melodie Gliniewicz and her late husband are protected by spousal privilege and cannot be used against her. He said the marital privilege law in Illinois does not provide an exception for suspected joint criminal activity, as compared with other courts across the country.

“The communication between husband and wife during a marriage is sacred,” Booras said. “No matter what type of communication, the privilege applies.”

Booras also continued a hearing that was held last month to determine whether Melodie Gliniewicz’s charges would be dismissed on constitutional grounds. Defense attorneys argued that the charges are unconstitutionally vague and the state shouldn’t be allowed to prosecute her for crimes committed by her husband.

Based on the judge’s ruling, prosecutors will have to present evidence as to why the charges should not be dismissed.

Turk has said that Melodie Gliniewicz knew about her husband’s criminal activity.

Prosecutors will present their case at a June 13 hearing. A trial previously was set for May 30, but the matter will be rescheduled for a later date.

Turk declined to comment on how the judge’s decision might affect the prosecution’s case.

• The Associated Press contributed to this report.