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Can Oswego crash driver get a fair trial? - Beacon Blog

Can Oswego crash driver get a fair trial?

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BY DAVE PARRO

UPDATE: The Kendall County state's attorney announced Tuesday he will appeal an earlier ruling that Sandra Vasquez's taped confession is inadmissible. That means the trial will be postponed -- possibly for more than a year -- while the appellate court sorts this out. That makes much of the debate over pretrial publicity moot for now.

Can an alleged drunken driver whose actions contributed to the deaths of five teenagers get a fair trial in the county where the much-publicized accident occurred?

Sandra Vasquez's defense attorney doesn't think so. That's why she wants the reckless-homicide and aggravated-DUI trial related to the February Oswego crash moved out of Kendall County.

The tragedy has certainly received its fair share of coverage. But at what point does the media attention given to a high-profile case taint the jury pool?

Attorney Kathleen Colton presented a two-inch stack of newspaper clippings at a court hearing Monday to prove that Vasquez cannot get a fair trial locally. The judge will rule on her motion for a change of venue at a later date.

Kendall County Judge Thomas Mueller has already shown that he is concerned about pretrial publicity, warning Colton and prosecutors in April not to talk to reporters about the case. But Mueller also said at the time, "The bottom line is this court has a strong desire to keep this case in circuit."

Kendall County State's Attorney Eric Weis claims he has followed the rules in responding to media inquiries, and Colton has also used the media to her advantage. Both have heeded Mueller's warning.

It seems like Mueller is less concerned about the publicity that was generated immediately after the crash than he is about coverage during pretrial motions. If that's the case, a change-of-venue motion could be denied; with the exception of the very local newspapers, the case seems to have fallen off the media's radar. At least for now.

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7 Comments

There was a lot of media attention, no doubt about it. But it also has been a long time since the tragedy. The request has been made, now a judge needs to review the request and decide. The miranda rights seems like a more important issue to me. Wish I could hear how the police read her her rights.

Does anyone know what happened in court today @1pm? Please post info if any.

RESPONSE FROM DAVE PARRO:
Oswego Parent: See the update at the top of the post, which I added in response to your question.

Are you kidding me, this heartless woman responsible for taking 5 young lives is going to be taken off home monitoring? And it can be up to 18 months before the case can be tried!! I can not believe this, what an unfair slap in the face for the victims and their families. How can she walk the streets w/o being on bond? I just don't understand it!!

How do you know if she is heartless or not? You don't know what she feels or doesn't feel. All this blame on her, but remember, NO ONE forced those kids to get in the car w/her.

I feel for the victims families, but I too must agree with Mary. No one forced those kids into that car, and where were the parents? Did they know where their kids were? Did they know if they were drinking? Curfew? Isn't there one in Oswego? They were all to blame. It's time to pull in on the reigns. We let them get away with more than what we did, and now they're paying the price. Wake up folks, it's not the 70's anymore. Things are different now.

Things haven't changed so much, I had friends die in drunk driving accidents when I was in high school back in the 70's, we just didn't know there would be such a thing as DUI back then. A friend of mine was driven home by the police one night, asking repeatedly if she would be ok, as she was drunk and they did what they thought was their job at the time. I grew up in a very affluent Chicago suburb.

No, that wouldn't happen today, without DUI or under-age drinking charges...times change and people's perception of behavior changes. My youngest son is 19, thank heavens he and his older siblings have been safe to date. I have always thought that judging the behavior of a teenager, whether mine or others, smuggly is not wise, as in the blink of an eye these young people can make an immature decision that, if given the chance they may re-think and regret themselves. We all learn and grow every year of our lives, and at times do things that may not be the wisest or safest at the time. We should do the best we can as parents to share our knowledge and experience with our children. Tell them often that we hope more than anything that they make to wise choice and stay strong and safe, and that we love them. Can we determine where they will be and what they will do at all times? 16, 17, 18, 19 year olds? No we can't, they are full of free will, whether coming from strict homes or not, eventually independance will develop, one way or another. Some children, even within the same families, are more of a challenge. A 19 year old young man is pretty hard to hire a babysitter for.

Let's all be friends, and lean in with our compassionate sides instead of pointing fingers. The behavior on that horrible night was wrong, everyone involved regrets it, everyone involved is not sure how things might have been different at the time, after the bad behavior was in full swing. Hindsight is 20/20. I pray for my children's happiness and safety, and I pray that I may not judge those families that mourn the loss, at this time they don't need any fingers pointed at them. Ms. Vasquez will eventually have to face the legal consequences of being the driver, the adult, and probably will be held most responsible for her actions. The parents and families of those lost are suffering their punishments every day. Don't, as parents, provide parties, don't provide alcohol, let your children know that it's much better to call home for a ride, sort the trouble out later than not to call. Then...pray that they will make that choice, if they ever find themselves in a place they shouldn't have gotten themselves in to.

My son was close to a boy that died that horrible night. He was a sweet, funny and bright spot in our lives. He caused his parents frustration and worry, I hope they remember how we all loved him.

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