Chester Weger‘s attorney’s “mini-trial,” a term coined by his attorneys to describe his post-conviction evidentiary hearing came to a close on Wednesday, with closing arguments set for May 28.
Weger, who moved to Missouri earlier this year, did not appear in court. His attorney, Andy Hale, said Weger was feeling ill.
Weger’s attorney’s continued to mount his defense by providing an additional witness who could testify the hair discovered on Frances Murphy did not belong to Chester Weger, but could possibly be linked to one of three brothers.
Colby Lasyone, chief of staff for Othram, a company known for its work in cold cases, used a genealogical database to identify possible suspects through a genetic profile.
Lasyone said the company was able to determine the hair came from an individual of European descent and traced the profile through the family tree of Patrick Bray and Anna Waters eventually leading to Leo Bray (1892-1972), Charles Bray (1894-1981) or Edward Bray (1900-1960).
He said the company was unable to continue its investigation since Leo had one child and Charles and Edward had no direct descendants – the bodies would need to be exhumed for direct comparison.
Each of the named men would have been 60 years of age or older at the time of the 1960 murders.
Mark Shliafk of the special prosecutor‘s office challenged the findings, questioning if the company did its due diligence during the investigative process.
Shliafk asked Lasyone if individuals were excluded as possible suspects in Othram’s report based on geographic location. Lasyone said yes. When asked if the company took steps to determine whether these people were in La Salle County at the time the murders took place, Lasyone said no.
The crux of his argument is that of Edward Bray. He said Othram’s report stated Leo Bray was the least likely to be the “unknown subject” or owner of the hair because of his age at the time of the murders. But, he failed to acknowledge that Edward Bray passed on March 16, 1960 – the same day the bodies of the three women were discovered.
The first witness, James McConnell, a lawyer, said his former employee Melissa Smith began telling him her grandfather told her Weger was innocent. He stopped her before she could go into detail. McConnell said he was concerned that if she went further, it might waive family privilege.
Shliafk made it clear on cross-examination that the conversation never went further than Smith’s grandfather telling her, “they got the wrong guy.”
Smith was Weger’s final witness testifying that her grandfather, Roy Grizzi, was a member of the Chicago mafia and confided in her as a teen. Grizzi began running “packages” for the mob, before eventually killing people and “running” the Norridge and Berwyn areas.
She told Weger attorney, Andy Hale, that Grizzi said he was responsible for registering the “hits” as one of the woman’s husband’s wanted her gone. He picked five guys for the job.
Smith said before her grandfather died, he made her promise to do everything she could to help Weger and prove his innocence.
She said she went to the La Salle and Peru police departments, tried to reach Weger’s previous attorneys and even wrote a letter to Weger himself in an effort to help him after she turned 18. Ultimately, she contacted Hale after the HBO documentary came out.
Smith said her grandfather never told her the names of the five men he hired, but said she knew (based on her knowledge of her grandfather) some of them had to be from La Salle County.
Shliafk challenged Smith, questioning why an adult would trust a child with delicate information and then make her promise to help clear a man for murder.
Smith said she was safe because she was young, and the mafia doesn’t kill children.
After Smith’s testimony, the defense rested. Shliafk asked for a direct finding on the motion of hearsay and chain of custody, saying the defense did not meet the burden of evidence. La Salle County Judge Michael C. Jansz denied the motion.
The State called one witness, Alice Boehm, Harold “Smokey” Wrona’s sister, who testified her Wrona told her he received $25,000 to murder three women, but originally it was supposed to be six.
Boehm said Wrona went into Pontiac prison in 1958 or 1959 to deliver a message and find some friends he trusted to help commit a murder. Boehm could not recall where the murders occurred, just that they didn’t occur in the canyon.
She told Hale on cross-examination that Wrona told her Weger was not involved in the murders.
The prosecution rested and additional exhibits were presented.
Prior to adjourning, Jansz told the court all documents subpoenaed from Steve Stout can be returned.
Weger, 86, is trying to overturn his conviction for killing Lillian Oetting, one of three women fatally bludgeoned in 1960 at Starved Rock State Park. Weger confessed to the killings and later recanted. He has maintained his innocence.
Closing statements will be heard at 2 p.m. on May 28 at the La Salle County Courthouse, 707 E Etna Rd. in Ottawa.