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Test eyed in Kustok bid for new trial

This undated phoprovided by Cook County Sheriff's Department shows businessman Allan Kustok 63 OrlPark Ill. On Tuesday March 11 2014

This undated photo provided by the Cook County Sheriff's Department shows businessman Allan Kustok, 63, of Orland Park, Ill. On Tuesday, March 11, 2014, a jury in Bridgeview, Ill., found Kustok guilty of killing his wife in September 2010. Prosecutors accused Kustok of shooting his wife in the head while she was sleeping. Defense attorneys argued that 58-year-old Anita "Jeanie" Kustok committed suicide. (AP Photo/Cook County Sheriff's Department) ORG XMIT: CX105

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Updated: July 5, 2014 6:27AM



A test that Allan Kustok’s lawyers hope might earn him a new trial for his wife’s murder could be conducted this month.

A Cook County jury on March 11 convicted Kustok of first-degree murder in the September 2010 death of his wife, Anita “Jeanie” Kustok, but he contends that prosecutors did not prove his guilt beyond a reasonable doubt and that physical evidence, including gunshot residue and bloodstain patterns, was inconclusive.

Prosecutors said Kustok pulled the trigger of a .357 Magnum handgun he held just inches from wife’s head as she slept in the bedroom of the couple’s Orland Park home.

In their bid for a new trial, his lawyers want a pillowcase from the couple’s bed tested for gunshot residue. If residue is present, they believe that would buttress their argument that Anita Kustok fired the bullet that took her life, perhaps by accident.

During the trial, the defense argued that because her husband’s job in sales often kept him away from home, Anita Kustok kept the powerful handgun, which they said Allan gave her as a gift, for protection.

Attorneys for both sides are scheduled to meet June 13 to examine and photograph the pillowcase before it’s sent to the Illinois State Police crime lab for testing.

Circuit Court Judge Joseph Hynes, who is presiding over the case, set a court hearing for July 2. Hynes has yet to rule on other aspects of the defense motion seeking a new trial.



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