In the last month the DeKalb man charged with the murder of Antinette “Toni” Keller, William P. Curl, 34, has appeared in DeKalb County Courthouse via closed-circuit TV three times.

His appearances have been status updates, or opportunities for the judge to provide him information about his charges and for the defense and prosecution to make requests.

So far, Curl has requested a defense attorney, his defense attorney has requested a psychological evaluation for him and the state’s attorney has requested a DNA sample from Curl.

Curl has another status update the morning of Dec. 9.

“[This] won’t go to trial for a long time,” said Assistant State’s Attorney Phil Montgomery said after Curl’s second court date on Nov. 1.

He said the trial won’t begin for some time because of the magnitude of Curl’s charges and the possibility of many experts and doctors being involved,

“Things just don’t happen quickly,” said Marc Falkoff, associate professor of law. “[This is] a sufficiently complex case.”

Five Counts of Murder, One Death

Curl was charged on Oct. 29 with five counts of first-degree murder for Keller’s death.

A defendant can be charged with five counts of murder for the same death because the counts are different theories about the way the murder was committed and carry different penalties, Falkoff said.

A defendant can be found guilty of murder on several theories, but can only be punished for one, he said.

Curl has been charged with the counts of causing Keller’s death with the intent to kill her, causing her death with the intent to cause her great bodily harm, causing her death by performing an act knowing the act “created a strong probability of death or great bodily harm,” causing her death while committing a criminal sexual assault and causing her death during the course of an arson.

All first-degree murder charges are punishable by 20 to 60 years in a state penitentiary and/or a fine not to exceed $25,000 and a three-year parole.

James Donnelly, DeKalb County Circuit 16th Judicial District judge, said during Curl’s first court appearance on Oct. 30 if the state could establish beyond a reasonable doubt that factors of “exceptionally brutal or heinous behavior” were committed in conjunction with the murder of Keller, Curl could be sentenced to life imprisonment.

If found guilty of committing Keller’s murder during the course of one of the felonies of criminal sexual or arson, Curl could face the death penalty, Donnelly said.

The Death Penalty

Former Gov. George Ryan placed a moratorium, or suspension, on the death penalty in 2000, according to a Governor’s Office Press Release. Illinois has not executed anyone in more than a decade; successive governors have continued the moratorium.

Defendants can still be tried for the death penalty, said Bill Engerman, DeKalb County first assistant state’s attorney, but the punishment cannot be carried out under the moratorium. A defendant serves a life sentence until the moratorium is lifted, he said.

Montgomery said on Nov. 1 that it has been “a very long time” since there has been a capital case tried in DeKalb County.

Montgomery said it is “too early to tell” if the state will pursue the death penalty, but the state’s attorney must tell the defense their decision a couple of months before the start of the trial.

No Identified Body

Burned human remains found in Prairie Park on Oct. 16 have yet to be identified. Montgomery said there is “much circumstantial evidence to suggest that it is [Keller].”

Burned clothing, a camera, and cell phone believed to be Keller’s were found near the remains.

Curl can be charged with Keller’s death even though there is no body because there only needs to be probable cause that he committed a murder, Falkoff said.

“Just because you don’t have direct evidence [of a] victim doesn’t mean you can’t prove to a jury beyond a reasonable doubt a crime was committed,” Falkoff said.

It is the duty of the prosecution to prove the murder occurred beyond a reasonable doubt, he said. The lack of an identified body is an “extra hurdle” in that process.

Editor’s Note: The Associated Press contributed to this article.