Maryville pastor's accused killer unlikely to ever face criminal trial
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EDWARDSVILLE • A judge has ruled that Terry Joe Sedlacek, accused of murdering a minister during a Sunday morning service in Maryville in 2009, will not face a criminal trial soon, if ever.
Sedlacek is mentally unfit to stand trial, and there is no substantial probability of that changing within a year, Madison County Circuit Judge Richard Tognarelli ruled Friday. He had heard arguments on the matter on Jan. 31.
He cited an assessment saying that even after large doses of anti-psychotic medications, Sedlacek was observed "making loud grunting noises with his arms held out and shaking his head from side to side."
Another report observed him "barking and growling," and a third said he was "laughing and making nonsensical noises."
Under Illinois law, the case now goes to a civil discharge hearing, not yet scheduled, in which he could be found not guilty or not guilty by reason of insanity — or the question of guilt could be left for future determination.
In any outcome, officials expect Sedlacek to remain in mental health custody for a long time.
Tognarelli's ruling could be appealed, but prosecutors have not indicated whether they plan to do that.
Public Defender John Rekowski, one of Sedlacek's attorneys, said his client theoretically could still face trial someday if not acquitted in the discharge hearing and later found fit for trial.
The fitness issue regards Sedlacek's ability to understand the nature of the proceedings against him and to assist his lawyer in his defense. His mental state at time of crime is a separate issue.
Sedlacek, now 30, of Troy, Ill., is accused of fatally shooting the Rev. Fred Winters during a sermon at the First Baptist Church of Maryville on the morning of March 8, 2009. Sedlacek was subdued by congregation members and has been in custody since. He is held at the Alton Mental Health Center.
Authorities said that his motive is a mystery and that he had no known associations with Winters or the church.
Tognarelli said seven of eight examinations of Sedlacek's fitness for trial over time have resulted in findings that he was not fit. One, on June 10, 2010, did find him fit but was superseded by another 15 days later.
In a related matter, Tognarelli sided with the defense and reaffirmed an earlier ruling that an upcoming examination of Sedlacek by an expert from Cook County must be audiotaped. The judge said the issue of Sedlacek's current fitness for trial had already been determined and the upcoming examination would deal only with Sedlacek's mental condition at the time of the alleged offense.
Prosecutors have said their expert would refuse to examine Sedlacek if the session were recorded.
Rekowski said he was "very pleased, quite pleased" with Friday's rulings.
Stephanee Smith, spokeswoman for the Madison County state's attorney's office, said prosecutors learned of the rulings late on Friday and would evaluate their options.
Read more: http://www.stltoday.com/news/local/crime-and-courts/maryville-pastor-s-accused-killer-unlikely-to-ever-face-criminal/article_f93ab420-5230-554e-9a77-cbf81a6e1bea.html#ixzz1mAHeL67b
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