Judge will be asked to release Keller remains on Friday
March 28, 2011
SYCAMORE | The family of slain student Antinette “Toni” Keller must continue to wait to receive her remains and hold a private memorial service.
During a status update Monday for William Curl, the man charged with Keller’s murder, his public defender Regina Harris requested she be given more time for her expert to review the remains in question.
Another status update was set for Friday at 1:30 p.m.
Clay Campbell, DeKalb County State’s Attorney, said if an agreement cannot be reached by Friday about the release of certain remains, he will have DeKalb County Coroner Dennis Miller testify before the court.
Campbell said he will request that Judge Robbin Stuckert rule on the matter on Friday.
Campbell said it is “the humanitarian thing to do for the Keller family” for the court to consider the release of some of her remains.
Today, Harris’ investigator will take “detailed, close-up” photographs of the remains, she said. She will send those photographs to a Pennsylvania forensic anthropologist who specializes in burned remains so that he can determine whether they contain evidence.
Campbell said he is confident that there are certain remains that do not contain evidence and can be released the family without compromising Curl’s right to a fair trial.
“We realize this is a delicate balance here,” he said. “We are asking the court to consider Mr. Curl and the Keller family.”
During a status update for Curl March 23, Harris said she was not in a position to take Miller’s word for it that no evidence could be found in the items.
Harris said there are several different categories of remains and items found. She said both her and the state agree that remains of dirt mixed with ash can be released. Both sides also agree that there are some remains that must be kept for the possibility of a trial. It is a third category of remains including bones and bone fragments that the two cannot agree on.
Harris said she hopes her expert can review the items through email so that she can save the expense of the expert’s travel costs.
If he cannot review them satisfactorily enough through email, the expert would need to travel to Illinois to see the remains in person, Harris said.
Harris said she hopes that remains her expert deems not significant for evidence can be released on Friday.
Campbell also said he hoped the remains would be released on Friday because the Keller family is anxious to hold a private service to memorialize her.
“Anytime you have a heinous crime like this, you endeavor to bring some sort of comfort to the family,” Campbell said.
Keller was last seen Oct. 14 after telling friends she was headed to Prairie Park. Burned human remains were found in the park on Oct. 16. During a status update for Curl on Jan. 6., Campbell said the remains had been identified as Keller’s.
Curl is charged with five counts of murder, one count of concealment of a homicide, one count of arson and one count of criminal sexual assault. He is also charged with obstruction of justice and possession of a converted motor vehicle.
He appeared in court Monday via closed-circuit TV from Dekalb County Jail, where he is being held on about a $5 million bond