Issacman’s request for a new trail denied, sentencing comming soon
May 8, 2011
DeKALB | Sentencing for the former NIU student convicted of the shooting of NIU student Brian Mulder on Feb. 19, 2010 will be continued at a later date after a request for a new trial was denied at a hearing May 6.
Robert Carlson, attorney for Zachary Isaacman, said Isaacman’s previous attorneys were not adequate for the preparation of a Class X felony case.
“It is our position that lack of appropriate council necessitates a new trial,” Carlson said.
Carlson said Isaacman’s former attorneys, John Paul Carroll and Michelle Gonzalez, failed to contact witnesses whose testimony would have significantly altered the jury’s decision.
During the ruling, Isaacman’s mother, Deborah Galen, testified that there had been minimal contact with Carroll or Gonzalez during the trial, except for three brief telephone conversations.
Stephanie Klein, DeKalb County Assistant State’s Attorney, said she did not believe there was any evidence in the case that proved the lack of personal visits to Isaacman was detrimental to his defense.
DeKalb Circuit Judge Robbin Stuckert denied the motion in its entirety. Stuckert said Carroll had not fallen below the standards set for an appropriate defense and had even been zealous in his defense of Isaacman.
Klein also presented the weapons found in Isaacman’s room in the Phi Kappa Theta fraternity house. Klein asked NIU Police Sgt. Joseph Przybyla to identify the various weapons and boxes of ammunition found, which included an AK-47 assault rifle, an AR-15 assault rifle, a 12-guage shotgun, several handguns and knives, as well as numerous boxes of ammunition.
Przybyla said all the guns were found in a gun safe located in Isaacman’s room.
Carlson said since the weapons were not entered into evidence at trial, there was no reason they should be in court during sentencing.
Klein said the weapons found were relevant because Isaacman was found guilty of a violent crime involving a gun.
“It is the State’s decision that the weapons are relevant to the personality of the defendant,” Klein said.
Mulder testified for the prosecution, reading a statement detailing the extent of his injuries as a result of the shooting.
Mulder said he suffered permanent muscle damage caused by the gunshot wound, as well as a $3,600 debt as a result of treatment for his injuries. Mulder said he was also out of work for over five months and had difficulty attending class following the shooting.
Carlson introduced character witnesses on behalf of Isaacman. Witnesses included Galen and Rev. Kelly Beard, pastor of the Wesley Foundation at NIU, who visits Isaacman during his incarceration.
Galen said Isaacman practiced yoga and had intended to join the Peace Corps and pursue a career in law enforcement. Isaacman also witnessed domestic violence as a child, during which Galen’s former husband had threatened her with a kitchen knife, which may have caused Isaacman to become “hyper-vigilant” in regard to his safety and the safety of his family, she said.
Beard said she found Isaacman to be a non-violent individual and had seen Isaacman grow in terms of faith, character and integrity.
“At no time in any of my visits has he expressed rage or anger,” Beard said.
Carlson also submitted several letters written on behalf of Isaacman to Stuckert for review.
Isaacman was convicted on Dec. 17 for aggravated battery with a firearm, as Class X felony and the unlawful use of a firearm, a Class 4 felony, in the shooting of Mulder which occurred on Feb. 19, 2010. Isaacman faces from six to 30 years in prison.
Sentencing for Isaacman will be continued on May 24 to allow for review of the letters submitted by Carlson and to allow the prosecution and defense to give their closing arguments.