Joliet man’s attorneys seek dismissal of Elwood murder case

Attorneys for a Joliet man charged with a murder in Elwood claim that police field notes that could shed light on a key evidence issue have either been lost or destroyed, which should lead to a dismissal of the case.

On June 5, Chicago attorney Jonathan Bedi filed a motion requesting a dismissal of the indictment in the case against Derrell Draper, 42, who is charged with the Feb. 26, 2021, first-degree murder of Robert Bigger, 30, of Shorewood.

A Will County judge may hold a hearing on that motion Aug. 1.

Bigger’s homicide was investigated by officers with the Elwood Police Department and the Will-Grundy Major Crimes Task Force.

One of the investigators from the task force was Channahon Police Chief Adam Bogart, who spoke with Draper’s girlfriend at her apartment in Justice, according to Bedi’s motion.

The motion contends that Bogart had field notes on his conversation with Draper’s girlfriend, but those notes have not been found by other officers.

“Therefore, the only conclusion is that this discovery, which was explicitly requested by the defense, has been lost or destroyed,” according to Bedi’s motion.

Bedi’s motion argues that Bogart’s field notes are a “critical piece of evidence” regarding his conversation with Draper’s girlfriend, who told a grand jury that she did not consent to officers searching her apartment.

A police report from another task force member said Draper’s girlfriend did allow officers to search her apartment and even signed the consent form.

But a defense motion filed in 2023 claims that a handwriting specialist reviewed the signature on that form and concluded it did not belong to Draper’s girlfriend.

The 2023 motion requested the suppression of evidence that Draper’s attorneys’ alleged was illegally obtained from the woman’s apartment.

That evidence included a firearm and other evidence that prosecutors claim link Draper to Bigger’s homicide, Draper’s attorneys said.

A judge has not yet ruled on that motion. Meanwhile, Draper’s attorneys are pursuing a dismissal of the case based on the alleged loss of Bogart’s field notes.

“The state’s failure to preserve and produce this evidence strikes at the heart of due process and cannot be permitted to stand without meaningful consequences,” according to Bedi’s motion.

An alternative solution proposed by Bedi is to keep Bogart from testifying either at the hearing on the 2023 motion to suppress evidence or at Draper’s trial.