Fight A DUI

The Chicago Tribune has news on their latest DUI trial, John D. Homatas [25], who is accused of killing 8 1/2 month pregnant April Simmons [27]:

KANE COUNTY — A Wayne man accused of killing a friend and a woman who was 8 1/2 months pregnant in a January drunken-driving crash lost a battle Tuesday to move his trial from Kane County.

But Ogle County Judge Kathleen Kauffman, who has been specially assigned to the case, said the defense could request again to move the trial if finding unbiased jurors proves difficult.

John D. Homatas, 25, is charged with aggravated DUI and reckless homicide in the deaths of April Simmons, 27, of Yorkville, her unborn daughter and John Chiariello, 25, of St. Charles, who was in Homatas’ car.

Homatas’ attorney, Gary Johnson, argued that extensive publicity surrounding the case would make it impossible to find impartial jurors in Kane.

He cited more than 60 TV news stories and dozens of newspaper stories about Homatas’ case.

Assistant State’s Atty. Clint Hull countered that merely hearing about the case does not cause prejudice. The defense had offered no evidence that the publicity had influenced public opinion, he said.