Kustok Defense Attorneys Lament Delays in Collection of Evidence
Prosecutors ask for more time to complete testing on blood-spattered evidence gathered from the Kustoks' Orland Park home.
It has been exactly one year since Allan Kustok carried his wife through hospital doors, wrapped in a bed sheet with a gunshot wound to her head, and yet the murder investigation against him remains open—to the dissatisfaction of his attorneys.
Kustok is accused of shooting his wife inside their Orland Park home on Sept. 29, 2010. He's charged with first degree murder.
Cook County Judge Joseph Hynes agreed last month to let the state conduct DNA testing of blood-spattered evidence taken from the bedroom where Jeanie Kustok was shot. Her husband's defense lawyers protested, fearing the evidence would be destroyed in the process.
On Wednesday, assistant state’s attorney Jennifer Gonzalez told Hynes that prosecutors would like to conduct similar testing at a second laboratory run by LabCorp. Hynes consented and gave the state until Oct. 31 to complete all blood work.
Gonzalez denied comment on the Kustok case, which Hynes assumed this spring after Cook County Judge David Sterba moved to the state appellate court.
Kustok’s lead attorney, Rick Beuke, seemed less interested Wednesday in forensic blood work than on delays caused by the prosecution.
“We’re in the same position, waiting on detectives to finish reports, the state to tender DNA,” he said after the hearing.
“I can understand three, four months for a homicide investigation, but not 12 months,” he added. “This hamstrings us. We’re limited to start on our own investigation.”
Orland Park Police Cmdr. John Keating deferred questions to the Cook County State’s Attorney’s Office, which did not return a message seeking comment.
Kustok remains in custody at the Kankakee County Jail on $2 million bail.
The next hearing is scheduled on Oct. 31.