Arson suspect wants change of venue for trial
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By Dustin Lemmon | Tuesday, December 18, 2007 |
A Moline man charged with killing his three neighbors in a March 4 fire has filed several motions, including one asking for a change of venue and another to suppress his alleged confession.
William Henry VanDeWoestyne, 41, is awaiting his Feb. 4 trial in U.S. District Court, Central District of Illinois. He faces two counts of malicious arson in connection with the deaths of three neighbors: William Daugherty, 88, Lupe Irizarry, 69, and John Hansen Jr., 33. He’s also charged with threat to destroy a building by fire.
VanDeWoestyne lived on the middle floor of the 12-condominium building at 4341 26th Ave. and was attempting suicide when he caused a gas explosion that started the fire, prosecutors claim.
The motion filed recently cites media coverage of the fire and VanDeWoestyne’s prosecution as the reason for transferring the trial to another location, calling the publicity pervasive and inflammatory.
The 30-page motion details each news report by area newspapers and radio and television stations. It also quotes several reader comments in online comment streams on stories about the case.
In one case, it refers to a news report in late March in which all but one person commenting presumed the underlying facts of the case to be true. The exception was a reader who questioned others for passing judgment on VanDeWoestyne before the case had gone to trial.
The motion asks the court to move the case to the Peoria, Springfield or Urbana federal divisions.
VanDeWoestyne’s attorney, George Taseff, had subpoenaed local news outlets in October for records of their news coverage.
Taseff also has filed motions for the case to be dismissed and to suppress VanDeWoestyne’s statements to Moline police investigators, which allegedly included a confession.
The motion claims VanDeWoestyne was in intense pain from his burn wounds at a Springfield hospital and was disoriented, confused, tearful, coughing and perspiring profusely when interviewed. It also claims police used coercive interrogation techniques.
Taseff also filed a notice to the prosecution that his client plans to use an affirmative defense, including insanity, diminished capacity, voluntary intoxication and involuntary intoxication. He also plans to use expert testimony relating to a mental disease or condition.
Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com.
What’s next
William Henry VanDeWoestyne, who remains in federal custody, has a hearing set for Jan. 11. His trial is scheduled for Feb. 4.
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