Court decision questioned in Hooghkirk trial
August 28, 1990
Brett Hooghkirk’s attorney asked the court Tuesday to reconsider its decision to allow Hooghkirk’s videotaped confession to killing Lisa Garretson as evidence.
Defense Attorney Bill Brady motioned to reconsider after he became aware of two recent Illinois Appellate Court cases that dealt with situations similar to Hooghkirk’s.
Court documents stated the two cases are People vs. Roger A. Arkebauer and People vs. Terrance Bridges.
Brady refused to comment on the case.
DeKalb County State’s Attorney Mike Coghlan said “it’s our position that the cases are repetitive of earlier law the judge saw before he ruled. It’s our position that the motion will be denied.”
Circuit Court Judge John Nickels set a final date of Sept. 14. for the state or defense to file any other motions.
“The defense must file reports under discovery laws to the state,” Coghlan said.
As part of the discovery laws, both attorneys must provide a list of witnesses they plan to call to the bench. While the state filed a list, Hooghkirk’s attorney has not, Coghlan said.
A court date has not been set for the case, though pretrial hearings began in May.
“Many different reasons arise that obligate the court to give continuances” to the defense, Coghlan said.
“Serious cases evoke Constitutional guarantees,” he said. “The more serious the offense, the more closely the court must watch to see the defendant gets a fair trial. The defendant must be able to exercise all his constitutionally given rights.”
The state charged Hooghkirk, 19, with three counts of first degree murder, aggravated criminal sexual assault, aggravated arson and concealing a homicide in the Aug. 21, 1988 strangling death of Streator native Lisa Garretson.