Story by Michael McKenna
Judge Michael C. Jansz rejected a request by Chester Weger Monday to retest evidence from 60 years ago with modern technology. Weger’s lawyer, Celeste Stack, is hoping the results would prove Weger’s innocence of the Starved Rock murders.
There was a lot of physical evidence recovered in 1960 when DNA was all but unknown. Because police obtained a confession, identity was not an issue. In 2004 Weger’s attorney, Donna Kelly, had asked for retesting. It was determined then that so many people had handled it since, it could not be suitable for retrial.
Weger’s lawyer Monday insists mitochondrial DNA could still be obtained from unsealed hair if the follicle is long enough and that sealed fingernail scratchings may exist somewhere. State’s Attorney Karen Donnelly called the Weger request a “fishing expedition”.
The Judge said testing existing evidence won’t make a difference because so many have handled it but he agreed to a reasonable search for additional mystery evidence.