At one-year anniversary, Noriega case yet to see trial
April 16, 2008
Tuesday marked the one-year anniversary of the death of Luis Noriega, who was beaten to death after leaving Reilly’s Bar and Eatery, 1215 Blackhawk Road.
Four people remain charged in connection with Noriega’s death. Co-defendants Fred J. Jakob and Christopher Tadder and Emily Hobbs remain charged with four counts of aggravated battery. Nathan E. Schrank remains charged with two counts of first-degree murder, one count of involuntary manslaughter and three counts of aggravated battery.
Although the case has not gone to trial, the defendants have had multiple status hearings thus far.
“Typically it takes a year or more for a case like this to go to trial,” said Joseph Cullen, DeKalb County first assistant state’s attorney. “I would expect the trial will probably be in several months.”
Currently, the defense attorney for Nathan Schrank is working with a forensic pathologist to serve as an expert witness.
“He hasn’t had the chance to review the medical records yet,” Cullen said. “He could agree with the findings of our expert.”
Prosecutors must wait until the findings of the hired pathologist are released so they can plan how to react, Cullen said.
“If the defense expert reaches a different conclusion from the prosecution witness, both of them will testify at trial and the jury will decide which expert they believe,” said Marc Falkoff, assistant professor in the college of law. “It is normal for a defendant in a serious criminal case [such as a homicide] to hire expert witnesses, and depending on what the expert is going to testify about, the trial court will provide the defense team with adequate time for the expert to do his or her research.”
The lengthy trial may cause concern of violating the Sixth Amendment of the United States Constitution, which states, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
Although the defendant has a constitutional right to a “speedy trial,” ordinarily both the prosecution and defense agree to lengthy delays in order to prepare for trial, and the judge has discretion to delay a trial for good cause, Cullen said.