Defense attorney demands mistrial in Joliet Township murder case

A defense attorney demanded a mistrial in a Joliet Township murder case after prosecutors presented a video of the defendant mentioning his uncle’s suicide in an interview with detectives.

Chuck Bretz, attorney for Jeremy Boshears, 36, had filed a motion to exclude any reference of Boshears’ uncle’s suicide during the trial.

Boshears was charged with killing Katie Kearns, 24, at the Joliet Outlaws’ clubhouse and then attempting to cover up her death in 2017.

Bretz’s motion said witness statements and reports mentioning Boshears’ uncle’s suicide had no “logical connection” to the charges. He argued the sole purpose of introducing the evidence would be to prejudice Boshears’ ability to receive a fair trial.

Judge Dave Carlson did not rule on Bretz’s motion for a mistrial on Wednesday.

“I want to think about it,” Carlson said.

Prosecutors played a video to the jury on Wednesday that showed Boshears’ interview with Will County sheriff detectives on Nov. 15, 2017.

Detectives interviewed Boshears about Kearns’ whereabouts after she disappeared on Nov. 12, 2017. Her body was found Nov. 16, 2017, in a Jeep parked inside a barn in St. Anne.

During the interview, Boshears told detectives that Kearns “knew that my uncle just killed himself.”

After the video was played and the jury was briefly dismissed, Bretz requested a mistrial. He told Carlson it was prosecutors’ obligation to “police their own evidence.”

Will County Assistant State’s Attorney Steve Platek suggested admonishing the jury to disregard that statement or at least the last several minutes in the video where Boshears spoke about his uncle’s suicide.

Carlson asked both parties whether he should instruct the jury to disregard several more minutes of the video or all of it.

“Where do I draw the line?” Carlson said.

During the interview with detectives, Boshears told them he didn’t know where Kearns was. He said he last saw Kearns when he walked her to her vehicle and that she did not tell him where she was going. He said he texted and called her after she disappeared but received no response.

Forensic scientist Scott Rochowicz testified about his testing Kearns’ hands for gunshot residue and finding none. He said he tested two of Boshears’ flannel shirts and found gunshot residue.

Rochowicz acknowledged that wiping hands can remove gunshot residue. He said his testing of gunshot residue does not show when the residue appeared.