Kustok lawyers still waiting test results on pillowcase
By STeve Metsch firstname.lastname@example.org September 2, 2014 3:26PM
Updated: September 3, 2014 2:10AM
A request for a new trial for former Orland Park resident Allan Kustok was back in court Tuesday. And, once again, the request was continued, this time until Sept. 17 at the Bridgeview Courthouse. At that time, it’s expected that a hearing date will be set on the motion for a new trial.
In March, a Cook County jury found Kustok guilty of first-degree murder in the September 2010 death of his wife, Anita “Jeanie” Kustok, in their house in Orland Park. He still awaits sentencing and faces at least 45 years imprisonment.
Kustok, 63, did not appear in court Tuesday. He was represented by attorney Rick Beuke who told the judge that the defense and state are still awaiting for results of testing done by a crime lab expert on a pillowcase in an attempt to show that the .357 Magnum handgun that killed Jeanie Kustok could have been fired by accident.
“We’re waiting on the report from the Illinois State Police scientist who’s going to do a complete examination of the entire pillowcase that’s at issue. She’s already determined several parts of the pillowcase have led and or gunshot residue,” Beuke said.
The defense is arguing that the gun, which was under a pillow beneath her head, went off accidentally.
“We’ll be able to take the report, give it to our expert witnesses and they’ll give us their opinion about what the findings in the report indicate,” Beuke said. “Initially, when we asked that it be tested, it was because our expert, for the first time, right before trial, saw a picture of the pillowcase and he saw an area and he told us it can’t be dried blood, which is what their expert said it was.”
“Their expert testified that it was 100 percent dried blood and it was not,” Beuke said.
The defense team argues the concentrated lead on the pillowcase could mean that the gun was discharged by accident, and not by Allan Kustok. Kustok gave the gun to his wife as protection because he was often out of town for his in his sales job, according to the defense.
The defense also seeks to compel disclosure of the notes of a DNA expert who supplied information to the state about the pillowcase.