A Will County judge plans to decide on Feb. 10 whether to allow the pretrial release of a Michigan man facing a charge of his wife’s 1988 murder.

The detention hearing on Wednesday in the case against Gilbert Bernal Sr., 82, lasted several hours as prosecutors and defense attorneys made their case to Judge Art Smigielski regarding the issue of Bernal’s pretrial release.

Bernal is charged with first-degree murder of his wife, Joan Bernal, 34, in 1988 in Joliet Township. Joan Bernal went missing that year and she has never been found.

Under the SAFE-T Act, Smigielski must decide whether the proof is evident or the presumption is great that Bernal killed his wife.

Smigielski will then determine whether Bernal poses a danger to others and could flee from authorities if he’s granted pretrial release.

Lastly, Smigielski will decide on whether there are conditions, such as home confinement and electronic monitoring, that could mitigate the risks of Bernal’s pretrial release.

Smigielski plans to issue his ruling at 1:30 p.m. on Feb. 10 at the Will County Courthouse in Joliet.

Prosecutors called Bernal’s daughter, Sarita Woerheide, to give a statement in court. She asked Smigielski to keep her father in jail because of the danger he poses to her and her family.

Woerheide compared her father to the character of Dr. Jekyll and Mr. Hyde. She said her father would turn into Mr. Hyde every time he became angry and he physically abused her “in a fit of rage.”

She said Bernal has a pattern of violence and intimidation that is ongoing. Woerheide said the grief of her mother’s absence “touches every milestone” in the her life and the lives of her siblings.

“We’ve built families in the shadow of her absence,” Woerheide said.

Bernal was once charged with his wife’s murder in 1993. But Will County State’s Attorney James Glasgow dropped the case after several defense witnesses claimed to have seen Joan alive.

Interest in the Joan’s case was reignited in 2020 by a podcast called “The Vanished” and then in 2025 with the TV show “Cold Justice.” Bernal was once again charged with his wife’s murder several months after “Cold Justice” aired an episode on the case.

During Wednesday’s court hearing, prosecutors presented a mountain of evidence they argued showed Bernal’s pattern of violence toward Joan and other women with whom he was romantically involved. Many of those women reported Bernal grabbing them by the hair, according to prosecutors.

The last person to see Joan alive was Bernal’s son, who told police he saw Bernal grab her by the hair and snap her head back before dragging her body away, according to prosecutors.

Prosecutors argued Bernal’s pretrial release would pose a danger to others based on his history of domestic violence and his potential danger to witnesses who may testify against him.

They said Bernal would also pose a flight risk because he has no ties to the Joliet area and he has visited Mexico more than 30 times.

Will County Assistant State’s Attorney Jon Sakellaropoulos argued that if Bernal was placed on electronic monitoring in Michigan, there could be a slow and delayed response if he cuts off his ankle bracelet.

“By that time, he could be anywhere,” Sakellaropoulos said.

Bernal’s attorney, Dave Carlson, said the indictment against his client lacks specifics as to how Joan’s death occurred, the record is “devoid” of facts proving a murder took place and it is “woefully inadequate” to support Bernal’s pretrial detention.

“There has to be evidence of how this happened,” Carlson said.

Carlson said prosecutors want Smigielski to keep Bernal in jail simply because he is a “bad guy” and not based on the facts of the pending case. He suggested there were “outside forces” that influenced the charging of the case but decisions in court should be based on facts.

“This isn’t a TV show. This isn’t a podcast,” Carlson said.

Carlson said his client had been released on cash bond during the 1993 case and there were no issues with him coming to court at that time.

Carlson said his client always returned from his trips to Mexico and he could reside in Joliet while the case is pending.

He questioned why Bernal is now too dangerous for pretrial release after the original murder case was dropped more than 30 years ago.

Will County Assistant State’s Attorney Catherine Sanders said Bernal renewed his pattern of domestic violence after the dismissal of the 1993 case. She said he did not have a murder charge hanging over his head when he visited Mexico.

Sanders said entire cases can be built on circumstantial evidence and receive a guilty verdict beyond a reasonable doubt. She said in Bernal’s case, there is circumstantial evidence, as well as an eyewitness.

“[Bernal] is very dangerous because of those charges that are pending,” Sanders said.