Will County judge to mull idea of alternate suspect in Lockport double murder case

A Will County judge will consider whether defense attorneys can introduce evidence of what they claim is an alternate suspect in a Lockport double murder case.

At Friday’s court hearing, attorneys in the case against Anthony Maggio, 30, of Crestwood quarreled over what evidence they wanted to bring to trial. During the hearing, Will County Judge Amy Bertani-Tomczak also barred any still photography of the trial, including photos of Maggio, his attorneys and the prosecutors.

Maggio is charged with the 2020 first-degree murder of Hazel Bryant, his infant daughter, and the first-degree murder of her mother, Ashtin Eaton, 32, with whom he was in a relationship.

Prosecutors have alleged Maggio staged the mother’s death to look like a suicide. Prosecutors said DNA evidence of Maggio was found under Eaton’s fingernails, on the neckline of her shirt and on a nearby knife. Although one of Eaton’s wrist was cut, prosecutors said she died by strangulation. Her infant child died by suffocation.

The alleged motive behind the murders was a dispute between Maggio and Eaton regarding child support payments for Bryant, according to prosecutors.

Maggio’s trial is scheduled for Sept. 30. Another pretrial hearing has been scheduled for Aug. 28.

Michael Clancy, one of Maggio’s attorneys, asked Bertani-Tomczak to allow them to introduce evidence of an alternate suspect in the case, which they have claimed is Eaton’s ex-husband. Prosecutors objected by contending DNA evidence – and other evidence – points squarely at Maggio as the culprit.

Clancy argued the DNA evidence consists of “mixtures of multiple males,” some of whom are unknown. He said Eaton’s ex-husband had a 2011 domestic violence case where she was the alleged victim. Clancy claimed there was a “ongoing animosity” between them over parenting issues.

Clancy further claimed Eaton’s ex-husband had a “false alibi” about where he was on the day of the murders that was “broken” by a neighbor. Clancy said the ex-husband was interviewed by police with his girlfriend present.

“Which I’ve never seen before,” Clancy said.

Clancy argued the jury “should be given the facts, the full facts.”

Will County Assistant State’s Attorney Chris Koch said DNA testing as late as 2023 excluded Eaton’s ex-husband as a suspect. Koch said there were no threats uncovered in Eaton’s ex-husband’s text messages to her, the ex-husband had zero arrests since 2013 and no arrests involving Eaton other than the 2011 case.

“It’s surprising to me that [Maggio’s attorneys] would put in their motion that Anthony Maggio had no violent history,” Koch said.

Koch alleged texts from Maggio show threats against his current fiancé and reveal his anger issues.

Koch disputed that a neighbor’s statements about Eaton’s ex-husband apparently “broke” his alibi. Koch said Maggio’s own alibi about where he was on the day of the murders was flawed because he acknowledged that he is able to leave his fiancé's house without her knowing about it.

Koch insisted to Bertani-Tomczak that the defense’s request to introduce evidence of an alternate suspect is “purely speculative.” He asked the judge to block the evidence because it would “confuse a jury.”

“It would turn this case into two trials,” Koch said.

Koch mentioned texts between Eaton and Maggio in which they were discussing child support payments days before the murders and how Maggio wanted to avoid going to court over that issue.

In a July 30 court filing, prosecutors said the last conversation between Maggio and Eaton was over the latter issue and Maggio complained of being in debt. They alleged Maggio asked Eaton if she was going “[expletive] him over” during a heated exchange.

Clancy had called it “ridiculous” that Maggio would kill her over that issue by claiming Maggio had a good job and he was willing to make those payments.

Bertani-Tomczak took the issue of an alternate suspect under advisement. In the same hearing, the judge granted a state motion to introduce evidence regarding a witness who was allegedly told by Maggio that he would give him $10,000 to make Eaton “disappear.”

Maggio’s attorneys argued the statement is hearsay and that prosecutors conceded the witness interpreted it as a joke.