Spring Grove man, former Chicago cop serving 50-year sentence for killing wife denied new trial, but granted new sentencing

A McHenry County judge ruled Thursday that a Spring Grove man, a former Chicago police officer sentenced to 50 years in prison for fatally shooting his wife in 2017, will not get a new trial but will have a second sentencing hearing.

The decision follows a successful appeal filed by Lorin Volberding, 76, from prison after he was found guilty Jan. 15, 2020, of the first-degree murder of his wife, Elizabeth Volberding.

The 2nd District Appellate Court agreed with Volberding that McHenry County Judge Michael Coppedge erred in not conducting a preliminary Krankel hearing when, prior to his sentencing, his defense lawyer, the now-retired Henry Sugden, filed a motion to withdraw as his attorney.

In Illinois, a judge must conduct a Krankel hearing when a defendant complains about his attorney’s performance.

That hearing was held last month, and in his ruling Thursday, Coppedge said he based his decision to deny a new trial on what Volberding presented at the hearing, discussions with Volberding’s assistant public defender who assisted during the hearing, and Coppedge’s own knowledge of the case.

Coppedge noted that he oversaw Volberding’s jury trial establishing his mental fitness and then his murder trial, which was presented in front of Coppedge as a bench trial where Coppedge alone ruled he was guilty of first-degree murder.

In ruling that Sugden provided adequate representation in Volberding’s case, Coppedge said that Sugden was confronted with “overwhelming” amounts of evidence and that he “diligently and zealously” defended Volberding.

Coppedge said the issues raised in the attempt to prove Sugden provided ineffective counsel were too general and lacked any merit. Decisions Sugden made – such as not bringing in a ballistics expert to testify or any evidence presented or not presented at trial – are all considered “trial strategy,” Coppedge said. The issues Volberding raised would not have affected the outcome of the trial.

Volberding said Sugden did not present evidence that his wife had fallen and hit her head in the months prior to her death. The fall, Volberding said, had made her more “argumentative.”

In addressing this, Coppedge referred to a phone call Volberding made after shooting his wife where he never mentions any “mutual combat.” He also never mentioned it during recorded police interviews.

Other issues raised included that Sugden did not raise Volberding’s medical history, age, lack of criminal history and his profession as a police officer. Coppedge said these matters did not pertain to trial defense but were factors to be brought up during sentencing.

Volberding shot his wife one time in the neck on Feb. 3, 2017, which was her 68th birthday. He then called his neighbors and said, “I think I just shot and killed Liz. ... Do what you gotta do ... I couldn’t handle it anymore,” according to the Illinois 2nd Appellate Court decision filed in the McHenry County courthouse.

Volberding is set to be resentenced Nov. 3.