Vazquez trial set for June in Kendall County
Judge denies change of venue in fatal Oswego crash
March 12, 2010
YORKVILLE -- When Sandra Vasquez goes on trial in June, it will be 12 Kendall County residents who will decide her fate.
On Thursday, Judge Clint Hull denied a motion made by Vasquez's attorney, Kathleen Colton, to change the site of Vasquez's trial.
Vasquez, 26, of Aurora, faces charges of reckless homicide, aggravated drunken driving and drunken driving in the February 2007 crash in which five Oswego teens were killed and three others seriously injured.
Colton provided Hull with dozens of reasons why Vasquez could not receive a fair trial in Kendall County, citing various news outlets which have shone a spotlight on the case.
Hull denied Colton's request, however, reasoning that only when it becomes obvious that the jurors cannot put aside their personal impressions or opinions -- and cannot reach a verdict based on the evidence presented in court -- should a change of venue be granted.
"Right now it would be speculation as to whether a fair or impartial jury can be found," Hull said.
He added that the issue may be revisited when jury selection begins.
At Thursday's hearing, Vasquez's family listened intently as the state's motions to quash several subpoenas pertaining to Rush-Copley Medical Center's blood withdrawal procedures and protocol were denied.
Hull said that as long as the state is allowed to introduce blood evidence at the trial proving Vasquez was over the legal blood-alcohol limit, Colton has the right to argue about how the evidence was derived.
Hull also decided that prosecutors will be allowed to introduce blood evidence taken by both medical professionals and law enforcement officers on the morning of the crash, denying Colton's request that just one test be used.
Records pertaining to roadwork at the time of the crash near Route 31 and River Run were also turned over to Colton, over the objections of prosecutors. Only information pertaining to Feb. 10 and 11 of 2007, however, could be introduced as evidence.
The crash occurred during the early morning hours of Feb. 11, 2007, when Vasquez's car, with the eight teenagers inside, crashed into a utility pole at River Run Boulevard and Route 31 in Oswego.
On March 26, Hull, Colton and prosecutors will set a date to cut off further motions in the case.