An attorney for a Will County Public Defender’s Office investigator charged with reckless homicide is seeking a special prosecutor to handle the case that is now overseen by a judge outside the county.
A motion for a special prosecutor in the case against Maria Aiello, 46, of Joliet, was filed Oct. 19 by her defense attorney, Daniel Walsh, a former prosecutor for the Will County State’s Attorney’s Office.
Since Aug. 24, Aiello has been in jail on charges reckless homicide and aggravated driving under the influence in connection with a fiery crash on March 15, that led to the death of Ednalice Pagan-Romney, 50, of Aurora.
Pagan-Romney suffered burns to her body from the crash, but her death had been caused by multiple injuries sustained in the crash, said Joliet police Sgt. Dwayne English. Aiello suffered serious injuries to her wrists and legs, he said.
Kankakee County Judge William Dickenson was assigned to be the judge on Aiello’s case and has been presiding over it since since at least Sept. 9, according to court minutes in the case.
In Walsh’s Oct. 19 motion, he said Aiello is currently employed as an investigator for the public defender’s office and because of that, the “entire judiciary of the 12th Judicial Circuit recused themselves.”
Walsh’s motion argued for a special prosecutor since the Will County State’s Attorney’s Office provides legal representation for the county and represents all county employees.
“A special prosecutor should be appointed in this matter to remove any appearance of impropriety and in order to maintain the public’s confidence in the impartiality and integrity of the criminal justice system,” Walsh’s motion said.
The motion is scheduled for a hearing on Nov. 17.
Aiello has been in jail on a $500,000 bond set by Will County Judge Art Smigielski, who signed the warrant for her arrest on May 27 following an investigation of the deadly crash by the Joliet Police Department.
Dickenson denied a motion from Walsh to lower Aiello’s bond on Sept. 9.
Walsh’s motion asked for a $25,000 bond and for his client to be placed on electronic monitoring. His motion said Aiello is not a flight risk because she is a lifelong Joliet resident who is employed and has children in the area.
The motion also asked for a lower bond because Aiello has “numerous health issues that need physical rehabilitation.”
The charges against Aiello were filed on May 31, but she was not arrested then because she had been receiving extensive medical treatment, according to English.