Judge agrees not to admit 15-year-old video recording of prosecutor in 1960 Starved Rock murders ‘mini trial’

Chester Weger’s “mini-trial” is a go and begins next week. He won’t get a ruling until after Memorial Day, however.

Weger, 86, spent nearly six decades in prison for the murder of Lillian Oetting, one of three women fatally bludgeoned in 1960 at Starved Rock State Park. He continues to assert his innocence and will have a shot to overturn his conviction at a hearing scheduled May 12-14.

At a Monday hearing (Weger was not present) on what he called “housekeeping” motions – two of which were granted without objection – La Salle County Judge Michael C. Jansz scheduled oral arguments for 2 p.m. Wednesday, May 28.

Weger’s lawyer Andy Hale objected to a separate hearing for oral arguments. He pointed out Weger is elderly and thus there is some urgency in getting a ruling at the conclusion of next week’s proceedings.

“A few weeks or a month I wouldn’t (ordinarily) quarrel, but here I do,” Hale said, adding later, “I just don’t see why they (prosecutors) need to take a couple of weeks to file something.”

Jansz, however, agreed that a followup date for arguments was warranted considering the sheer volume of documents in play. Jansz noted he only recently finished reviewing the thousands of pages after months of review.

“A little bit of time is needed,” the judge agreed. “I think it’s a reasonable request.”

Jansz would not, however, agree to admit a 15-year-old video recording by the late Anthony C. Raccuglia, who prosecuted Weger. In the recording, Hale said, Raccuglia openly admitted having doubts about the validity of Weger’s confession.

“He said a lot of things that are pretty stunning and which I think are relevant,” Hale said.

Special prosecutor Colleen Griffin said the Raccuglia isn’t new – “It wasn’t recently obtained” – and Raccuglia, who died in 2019, cannot be cross-examined about the recording. Moreover, she said, Raccuglia concluded Weger killed the women.

“This is simply not evidence whatsoever,” Griffin said.

Jansz agreed the recording does not qualify as new evidence.

“It’s the opinion of an attorney,” Jansz said. “I do not see that rising to the level of evidence.”

Hale indicated, however, he would enter Raccuglia’s comments into the record for an appeals court to review later.