Attorneys for Johnny Borizov asked the judge overseeing his to order that he and co-defendant Jacob Nodarse be tried separately.
The request comes out of concerns Nodarse statements to investigators in the March 2010 killings in Darien could have on a jury if the pair shared a trial. Prosecutors did not officially respond in court, saying they would take the issue under advisement.
Borizov and Nodarse are each charged with multiple counts of murder in the deaths of Michael, Jeffrey and Lori Kramer in a scheme to kill Angela Kramer, the mother of Borizov's son. Prosecutors allege Nodarse fired the fatal shots.
Borizov's attorneys, have outlined a defense that suggests Nodarse's mental state, not Borizov, as the reason for the shootings.
On Thursday, Borizov attorney Richard Kling renewed the push for further access to aspects of Nodarse's psychological records. He briefly sparred with prosecutors, who asked to see similar records related to Borizov, saying Borizov's mental health isn't an issue in the case.
"They are in no way related or admissible," Kling told Circuit Judge Daniel Guerin.
Assistant State's Attorney Joseph Ruggiero said prosecutors have not sought to introduce the records at trial, but simply want Guerin to look them over to see if there is any relevance to the murders.
Borizov will return to court May 20 when Guerin could rule on the trial request. Nodarse is scheduled for an April 26 hearing. Both men are being held without bond in DuPage County Jail.