Defense Opposes Evidence From Cell Phone in Kustok Murder Case
A Cook County judge will look at case law presented by both sides in the murder case against Allan Kustok before deciding whether to allow new cell phone evidence to be admitted.
Authorities have gained additional evidence from a cell phone recently analyzed with technology that wasn't available two years ago, when Allan Kustok, 61, was arrested and charged in the shooting death of his wife, prosecutors said during a hearing Wednesday.
Assistant State's Attorney Jennifer Gonzalez said she filed a motion earlier this month to admit evidence found on the cell phone, though she didn't say what the evidence entails.
Kustok's attorneys, Rich Beuke and co-counsel Ernie DiBenedetto and Randy Rueckert, are opposed to allowing the new evidence, Rueckert said Wednesday as Kustok stood silently beside him. Beuke was not present at the hearing.
Outfitted in an orange Department of Corrections shirt and pants, Kustok also had a chain secured around his waist, which was not typical at previous hearings. He has been in custody since Oct. 1, 2010, held on a $2 million bond.
Authorities say Kustok put a .357 Magnum to his wife’s head and pulled the trigger on Sept. 29, 2010, inside their Orland Park home. Defense attorney Beuke has contended in previous interviews that his client awoke that morning to a gunshot but has declined to release further details.
Judge John J. Hynes will review arguments each side has to present for or against allowing the evidence.
"I'll take a look at any case law you want to present on either side," Hynes said.
Gonzalez asked Hynes if he wanted a copy of the search warrant issued on the cell phone previously and the judge responded that he would take anything the attorneys believe will give insight on their position.
Kustok's attorneys declined to comment after the hearing, as they have been issued a gag order on the case.
Hynes is scheduled to issue his ruling on the evidence on Jan. 25.
Correction: The original story indicated that Allan Kustok was estranged from his wife. They were married at the time Jeanie Kustok died. Patch regrets the error.
Looking for more crime stories?