BLOOMINGTON - Alan Beaman stood behind his attorneys in McLean County court Wednesday and listened as a string of motions were filed in the first steps toward a new trial on charges that he murdered his former girlfriend in 1993.
Beaman and his parents, Carol and Barry Beaman, traveled from their Rockford home for the status hearing. Beaman, 35, was released on $25,000 bond last week after a state Supreme Court ruling overturned his murder conviction and sent it back to McLean County.
State's Attorney Bill Yoder said last week his office intends to try the case a second time.
Defense lawyers Karen Daniel and Jeffrey Urdangen filed several routine pretrial motions, including a request that the defense be notified of any DNA testing by the state that may consume an entire piece of evidence.
The lawyers also asked that discovery materials filed in the original trial be sealed. A change in court procedures since the 1995 trial keeps actual discovery materials out of the public court file.
Chief Felony Prosecutor Mark Messman told Judge Kevin Fitzgerald that many people have looked at the materials. "I don't see a reason to seal it," he said.
Fitzgerald said he will rule later on the request.
The defense team also raised concerns that James Souk, the former prosecutor in Beaman's first trial who currently is a McLean County judge, may be called as a prosecution witness in a second trial.
Urdangen pointed out that Judge Donald Bernardi recused himself from a post-conviction hearing where Souk was scheduled to testify because the judge did not want to pass judgment on the credibility of another judge.
Fitzgerald termed the issue premature, saying the matter could be addressed after the state puts together its list of potential witnesses.
Messman indicated that it's unlikely Souk will be called as a witness.
Defense attorneys made it clear Wednesday they intend to take their time in preparing for the trial.
"This is a new case for us in terms of the trial posture," Daniel told the judge.
The next status hearing is set for Oct. 2.
Posted in News on Wednesday, July 2, 2008 12:00 am Updated: 11:55 am.
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