Judge tosses statements made by man charged in 1972 murder of teen Julie Ann Hanson

A decide has thrown out statements that a 77-calendar year-aged Minnesota man charged in the stabbing demise of a 15-year-outdated suburban Chicago girl practically fifty percent a century back made to police and to his spouse.

Will County Choose David Carlson on Wednesday granted two protection motions tossing out statements that Barry Whelpley of Mounds Look at, Minnesota, manufactured to police when they searched his property and a conversation involving Whelpley and his wife that police recorded. Police arrested Whelpley in June final yr.

“It can be significant to the protection. And it is really a substantial loss to the prosecution,” Whelpley’s defense attorney, Terry Ekl, informed the Arlington Heights Every day Herald.

Whelpley is billed with initially-diploma murder and aggravated felony sexual assault for the 1972 loss of life of Julie Ann Hanson. The 15-calendar year-aged Naperville girl disappeared on July 7, 1972, though driving her bicycle. Her physique was found out a day later in a industry. She had been stabbed 36 moments, coroners stated.

Earlier this thirty day period, Hanson’s family members stared down Whelpley in courtroom, CBS Chicago documented. The spouse and children did not want to talk on digicam but they explained to the station they never believed this day would arrive.

In his motions, Ekl argued that Whelpley was not suggested of his Miranda rights in the course of the lookup of his Minnesota home and that, as a consequence, police were being not allowed to interrogate him all through the lookup. Prosecutors argued that Whelpley was not in custody throughout the search and that law enforcement were being permitted to talk to him.

“They experienced a human body camera on throughout their interview with him in the home – it took location about seven or 8 hours. But then when his spouse obtained there, two of the detectives took the system cameras off, place them on a table – which permitted them to file a personal conversation amongst the defendant and his spouse – and which is a violation of the Illinois Eavesdropping Statute,” Ekl explained.

Carlson dominated videos of the look for confirmed seven or eight armed police officers and that the concerns asked ended up immediately connected to the 1972 murder. The decide also banned the use of statements created at the law enforcement station following Whelpley’s next ask for for an legal professional.

Ekl’s motions did not go into element about what Whelpley claimed to police or his spouse, and he declined to elaborate after Wednesday’s ruling.

The Will County state’s attorney’s business office declined to comment on Carlson’s ruling.

The girl’s murder remained unsolved for a long time. The breakthrough in the circumstance arrived via technological enhancements in DNA and genetic genealogy evaluation, law enforcement claimed. From that came the scientific proof that pointed to Whelpley, a 1964 graduate of Naperville Substantial Faculty who lived about a mile from the girl’s property when she was killed.

Whelpley remains in the Will County jail on $10 million bond.