Cell Phone May Reveal New Evidence in Kustok Murder Case

A cell phone that has been in the custody of police for more than two years may yield new evidence in the first-degree murder case of Allan Kustok, who is accused of shooting his wife to death in 2010.

During a status hearing Wednesday in Judge John J. Hynes' Bridgeview courtroom, Assistant State's Attorney Jennifer Gonzalez said technology that wasn't available in 2010 will allow investigators to take a look at information on the cell phone, including old emails, records of Internet usage and data saved to the SIM card. The phone belonged to the defendant, she said.

"The technology that exists today will allow the Orland Park Police Department to go in and retrieve certain data," Gonzalez said.

Kustok, 61, stood silently next to his attorney, Rick Beuke, during the hearing. Clad in the bright orange Cook County Department of Corrections scrub-like uniform, Kustok 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 his 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.

On Wednesday, the judge expressed a bit of impatience with how long the case has been going on, noting the case is "over two years old," he said. "It's been on my priority list for a while. I want to move this forward."

However, the investigation of the new cell phone evidence will take more time, as well as a report Beuke is expecting from an expert for the defense who has been examining evidence held at the Orland Park Police Department.

Beuke didn't specify in open court exactly what the expert has been examining and what the report may contain, but said he hoped the results would be available to submit to the prosecution by the end of the year.

Beuke told Hynes he may have another expert reviewing evidence, but said Orland police "have been very cooperative" in allowing the experts to schedule time to visit the station.

By agreement, Kustok is scheduled to be back in court for another status hearing on Dec. 19.

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