The trial for a Joliet police sergeant accused of unlawfully accessing the video of an arrested man overdosing in a squad vehicle has been pushed to November. Before, both sides will have to decide if he can call himself a whistleblower.
On Tuesday, Kendall County Judge Robert Pilmer was informed by Kendall County Assistant State’s Attorney Mark Shlifka that he is having scheduling issues with one of the state’s witnesses in the case against Javier Esqueda.
Prosecutors charged Esqueda with official misconduct for accessing a Joliet police squad video that was evidence in a Will-Grundy Major Crimes Task Force investigation of the death of Eric Lurry, 37, who was in police custody, in January 2020.
Pilmer scheduled Esqueda’s trial to begin in the week of November 14.
Both parties still must sort out several issues before Esqueda’s trial, one of which is whether Esqueda can call himself a “whistleblower.”
Shlifka has requested Pilmer to prevent Esqueda from calling himself a “whistleblower” at any point during trial because he is not one under the Illinois Whistleblower Act.
Shlifka contends Esqueda did not expose what he believed to be misconduct to a government authority or agency as described in the act.
Tomczak sought to suppress evidence gathered in the investigation of Esqueda or prevent prosecutors from presenting that evidence because it violates the whistleblower act.
“It puts the issue of whistleblower on Judge Pilmer’s lap,” Tomczak said of the motion. “He’s going...
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