Community Corner

Court Watch: Motion to Dismiss Benedictine University Lawsuit Delayed

A roundup of notable DuPage and Kane County court cases.

DUPAGE:
Downers Grove:
Former police officer Randy Caudill's request to dismiss official misconduct charges against was postponed until Dec. 8 after a brief hearing on Nov. 9. Caudill is charged with improperly running license plates in what has been called a plot to rob a drug dealer. In his motion to dismiss filed in October, Caudill's attorney claims prosecutors have failed to specify what law Caudill violated in order to commit official misconduct. "None of the counts allege a statute or law that prohibit the running of license plates." Caudill's charges allege he ran the plates for purposes "other than official police business."

Elmhurst:
A judge has denied the request of Robert Drefs - accused of stealing thousands of dollars from Messiah Lutheran Church - for placement in a court alternative program for defendants with mental health issues. In a Nov. 4 ruling, the judge rejected Drefs' application for the DuPage County's Mental Illness Court Alternative Program. He has pleaded not guilty to forging $32,000 worth of checks from the church. A Dec. 5 hearing date has been scheduled for Drefs return to court.

Lisle:
A scheduled Nov. 9 hearing on Benedictine University's motion to dismiss a lawsuit by the father of a former student  has been pushed back to Dec. 13. The unavailability of an attorney for the school prompted the delay. BenU wants a judge to throw out the lawsuit filed by Daniel Julius, who filed suit earlier this year claiming the school took property, including a private notebook, belonging to his daughter after she overdosed on drugs. Rachel Julius later died. He claims the school improperly disposed of the items. In it's dismissal motion, the school argues, in part, that Daniel Julius had no rights to his adult daughter's possessions until several months after the "alleged conduct" occurred. The school also claims Julius has not shown facts to support his allegations of negligence or improper handling of the items.


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