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Judge won’t let Whalen be counsel
By Greg Cima
gcima@pantagraph.com
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BLOOMINGTON — A judge refused Wednesday to let a man proceed as his own counsel as he fights his conviction in the 1991 murder of his father.

Donald Whalen asked Chief Circuit Judge Elizabeth Robb to either find county money for his attorney, Jeff Abbott, or allow Whalen to proceed as his own attorney.

“Mr. Abbott does not have the time I need to represent me properly,” Whalen said in court. He said Abbott failed to meet deadlines for filings, and Whalen fears that might cost him the right to contest his conviction.

Abbott, Whalen’s second cousin, has taken the case without pay. Whalen argued Abbott would have time for the case if he was paid his work.

Contacted after the court hearing, Abbott said he understood Whalen is frustrated, but the court had granted an extension on filing an amended petition that requested further testing of evidence.

And he said Robb has understood the complexity of issues in the case because of the volume of evidence and the relatively new technology used in DNA testing.

“I think Donnie’s understandably frustrated with how long this is taking,” Abbott said.

Whalen is serving 60 years in prison for the 1991 beating death of his father, William Whalen. The victim was found in a bloody crime scene at the former 20 Grand Tap, a bar he owned in downtown Bloomington.

Evidence issues to be resolved include DNA testing of hairs found at the crime scene and a motion to reconsider whether to test blood found on knives at the bar where William Whalen was killed.

Robb delivered her ruling after receiving Abbott’s motion to withdraw as counsel, which was filed per Whalen’s request, and hearing Whalen’s arguments that he should be allowed to represent himself.

Robb offered Whalen access to a public defender, but Whalen declined, citing past problems with representation from the public defender’s office.

Robb said in denying Abbott’s motion to withdraw as counsel that she did not think it would “serve justice or Mr. Whalen to withdraw at this point.”

She said the withdrawal would cause further delays and deny Whalen access to an attorney well-versed in the issues of the case, and she required Abbott to stay with the case through the resolution of evidence and constitutional issues already raised.

Robb also scheduled a hearing for Oct. 22 for further arguments on all pending matters.

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Reader comments on this story - 18 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Old friend wrote on Sep 24, 2007 4:09 PM:

" wondering where Danny Whalen is these days? "

Re: Are you serious... wrote on Sep 13, 2007 2:56 PM:

" Yeah, as a heart attack. It's not your concern where this place is, a brutal murder had taken place, and you sound like it's an amusment attraction, wanting to know where it is. "

To: Are your serious? wrote on Sep 13, 2007 2:14 PM:

" It looks like only one person was offended. Not sure why, but they seemed to be. I was the second person who said Rosies is now where 20 Grand was and I was certainly not offended. "

Are you serious? wrote on Sep 13, 2007 1:12 PM:

" Nobody can ask a question on this post? This my first time hearing of the 20 Grand Tap, and I was curious about where this bar was located. I've never seen so many get offended by a simple question. "

Capital punishment wrote on Sep 13, 2007 12:40 PM:

" this is why we need to execute criminals, they spend the rest of their imprisoned life appealling until they get out because the court system tires out. And think of all the money the states would save on upkeeping the dredges of the world. "

Go Donnie wrote on Sep 13, 2007 11:33 AM:

" The palm print is all they got on you and I don't trust the criminal justice system. I'd like that palm print re-tested since its the only piece of evidence they have truly tying Donnie to the crime. Prosecutors aren't interested in this though. Even when confronted of someone's innocence, they'd still want to keep him locked up to preserve their office's conviction. "

Re: to 20 Grand Tap wrote on Sep 13, 2007 11:09 AM:

" Sorry, I don't get it. How was that post supposed to be funny? "

MUST BE wrote on Sep 13, 2007 9:56 AM:

" Having some of those cravings again......Need to stay in there until the cravings go away then Judge Robb might consider the argument here Donnie! Good luck "

To:20 Grand Tap wrote on Sep 13, 2007 9:21 AM:

" And if you really want to know where it was, Rosie's is now in its location, although Rosies is much different then 20 Grand was. "

to 20 grand tap wrote on Sep 13, 2007 9:20 AM:

" Rosies Pub is where it used to be I believe. I too hope you are not trying to be funny. I grew up down the street from the Whalens. I did not know them well, but if he is innocent, he should be released. if not may he rot where he sits "

Why not test all the DNA available? wrote on Sep 13, 2007 8:43 AM:

" I know that the Prosecution is against DNA testing, but for the life of me I can't figure out why. If they think they have a solid case and got the right man, you think the prosecution would welcome any and all DNA testing that would confirm the guilty verdict. I know it takes some money to do, but really a few thousand dollars would be a drop in the bucked to confirm to the public the integrity of the criminal justice system. Unless they indeed did convict an innocent man - then they would be rightfully embarrassed and have problems with that . . . "

Donnie wrote on Sep 13, 2007 8:41 AM:

" Drop it. You did the crime and now finish your time. Quit trying to spend more of the tax payes money. We are already supporting you. Prison is one hell of a rehab isn't it? Bet you wish you had stayed away from the drugs back then. To bad your family hasn't learned that lesson from you. Gambling, drugs and alcohol are all roots to some type of evil. Not only do you hurt yourself but everyone around you who cares. "

Re: 20 Grand Tap wrote on Sep 13, 2007 8:30 AM:

" The bar is closed. If you're trying to be funny, you picked the wrong article to post. "

regrets wrote on Sep 13, 2007 8:26 AM:

" Donnie is a person who came out of his drug problems to find out he made a sad mistake. I knew both of them and he loved his dad but had money problems and was desperate to get his money anyway possible. I.m sure if he had it to do over things would be different. The serious problem is how much suffering does he and his family owe society. He can't bring his dad back but it could sure help his family if he could re-enter life again. He's no threat to society now. "

Jailhouse Lawyer wrote on Sep 13, 2007 7:59 AM:

" this guy has been locked up long enough that he has learned the system well. I bet he has spend countless hours in the prison law library going over every page of his court transcript. The problem is that this guy wants to choose his own lawyer and has not money, he expects the same people who found him guilty to pay for him once again. I know this man was found guilty and he has always claimed his innocence, then again everyone in prison is innocent if you ask them. Not a guilty man in Pontiac prison. Well Mr. Whalen you had your day in court and now are trying to wiggle on a technicality. I just hope the judge does not order taxpayer funds to be used. There must be a reason his cousin would help him all this way and now decide he doesn't have time to see the case through. "

20 Grand Tap?? wrote on Sep 13, 2007 6:34 AM:

" Never heard of this bar. Anybody know where it was located? "

some people wrote on Sep 13, 2007 5:32 AM:

" always want something for nothing "

Gee - 16 years is a .... wrote on Sep 13, 2007 4:08 AM:

" long time to wait if one is innocent and I STILL think Don is innocent. I don't know him, but I did know his Dad and my ex knew his Dad really well. I'M STICKING BY YOU, DON - HANG IN THERE!! "
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