BLOOMINGTON -- Donald Whalen spent 24 hours in the McLean County jail waiting another day for a hearing he hopes will cut his prison term in half.
Whalen, 43, was convicted of the 1991 murder of his father, William Whalen. The elder Whalen was beaten with a pool cue and bar stool and he was found April 6, 1991, at his former downtown bar.
The hearing includes an update on DNA testing and Circuit Judge Elizabeth Robb will consider Whalen's motion for re-sentencing. The hearing was delayed because Whalen's attorney, Jeff Abbott, made a scheduling error.
Whalen, normally assigned to Logan Correctional Center in Lincoln, was visibly frustrated when Robb moved the hearing to 9 a.m. Friday.
Robb told Whalen that she and Assistant State's Attorney Kim Campbell agreed to the delay. Instead of sending Whalen back to Logan, Robb sent him to the county jail.
"When does Mr. Abbott do what he said he would do?" Whalen said. "I'm done with Mr. Abbott. My motion for resentencing is pro se; can't we proceed on that today?"
Robb said no.
Previously, Whalen filed a motion to have his two concurrent 60-year prison sentence reconsidered. Whalen argued it is wrong for him to be sentenced to two terms because an Illinois appellate court said defendants may not be sentenced on multiple counts of murder for a single victim.
Whalen said a single sentence of 30 years would be more appropriate.
Posted in Local, Crime-and-courts on Thursday, November 5, 2009 1:05 pm Updated: 5:19 pm.
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