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Schmidt wants statements tossed in DUI case

Published: Thursday, May 23, 2013 5:30 a.m. CDT • Updated: Thursday, May 23, 2013 10:54 a.m. CDT

SYCAMORE – A 48-year-old Sycamore woman accused of having prescription drugs in her system during the crash that killed two 21-year-olds is asking a judge to keep some of her statements to police out of her trial.

Attorneys for Patricia L. Schmidt argued this week that Sycamore police continued to question her April 6, 2011, after she told them she had an attorney. They want DeKalb County Presiding Judge Robbin Stuckert to ban prosecutors from using those statements at Schmidt’s trial.

Schmidt is charged with reckless homicide in connection with the crash that killed Timothy T. Getzelman of Sycamore and Alexis Y. Weber of Maple Park. Schmidt also has been charged with aggravated reckless driving and aggravated driving under the influence. 

The crash occurred Feb. 21, 2011, near Main Street and Peace Road in Sycamore. An analysis of Schmidt’s blood found the presence of multiple prescription drugs, including anti-anxiety drugs and sedatives, authorities said. 

According to the defense motion filed in November, Sycamore police searched Schmidt’s home April 6, 2011. She was arrested and taken to the Sycamore Police Department, where she told police she had legal representation, according to the defense motion.

Sycamore police had Schmidt sign a Miranda waiver anyway and interrogated her, according to the defense motion. Her attorneys argued that statements she made during the interrogation should be inadmissible because she already had asserted her right to counsel. 

“Any statements she made to the police were obtained illegally and improperly,” defense attorney Jonathan Minkus said. 

Minkus declined to reveal what Schmidt said during that interrogation.

Assistant State’s Attorney Phil Montgomery said Schmidt’s statements were video recorded. He said in the DVD record of the interview she mentions an attorney but did not ask to have one present at the interrogation.

“I think it’s pretty clear ... she didn’t ask for an attorney,” Montgomery said.

Stuckert plans to rule on the issue July 22.

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