December 31, 2009 1:20 PM | No Comments
A judge today set a May trial date for a Gilberts man accused of killing his estranged girlfriend after rejecting the man's bid to have his murder indictment dismissed.
Frank Hill, 32, is set to stand trial May 3 for the Jan. 9, 2007, murder of Karyn Pearson. Authorities allege Hill killed Pearson, 27, and then set a fire in the Gilberts townhouse they shared in an effort to cover up the crime.
Before setting the date, Kane County Judge Timothy Sheldon shot down a motion filed by Hill that sought to have his indictment overturned. Hill said his rights were violated due to errors made by the lead police investigator in his 2007 testimony before the grand jury that indicted Hill for first-degree murder.
The investigator, Gilberts Police Sgt. Jack Rood, testified today that in one instance he was mistaken when he told the grand jury that police found a five-gallon gas can in the trunk of Hill's car, when in fact it was a one-gallon can.
The prosecutor called it an insignificant error.
"Is it really important if it was a one-gallon can or a five-gallon can when the fire was started with gasoline?" Assistant State's Atty. Greg Sams argued.
Hill's attorney, Kane County Public Defender David Kliment, argued that the gas can, as well as inconsistencies in Rood's testimony regarding Hill's whereabouts on the night of the murder had cumulatively violated Hill's right to due process and a fair trial.
The victim's mother, Mary Jo Pearson, testified at the hearing that Karyn Pearson had stayed with her the weekend before her death because Pearson and Hill were having issues in their relationship.
--Clifford Ward
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