Defense Theory Emerges for One Triple-Murder Suspect

Attorneys for Johnny Borizov opened up Friday on a possible defense angle of the triple-murder suspect.

Their theory revolves around the mental health of co-defendant Jacob Nodarse, the man prosecutors say shot and killed Michael, Jeffrey and Lori Kramer in a scheme with Borizov to kill Angela Kramer, the mother of Borizov's son.

Both men remain held without bond in DuPage County Jail charged with multiple counts related to the murders.

Attorney Richard Kling suggested Nodarse's psychiatric issues, not Borizov, could have motivated the killings. Kling noted police reports where Nodarse mentioned being chased by demons and followed by helicopters, as well as indications of a "demonic obsession." They want to talk to anyone or see anything, including computer files, that might paint a picture of Nodarse's mental state before and after the March 2010 murders.

Prosecutors offered resistance to the defense requests—which ranged from DuPage County Jail visitor logs and possible recordings to high school records—by describing them as something of a "fishing expedition." Nodarse's attorney, Randy Rueckert, also objected on grounds that some information is protected by his client's privacy rights.

At issue to Circuit Judge Daniel Guerin was the uncertainty over whether Nodarse will be called as a witness against Borizov. Assistant State's Attorney Bernard Murray said such a decision hasn't been made. Borizov's attorneys contended it doesn't matter if he testifies, and that Borizov's right to a fair trial outweighs privacy concerns.

Ultimately, Guerin granted Borizov's team access to a list of Nodarse's jail visitors and a copy of a psychological exam on Nodarse, while reminding the defense that prosecutors are required to share additional evidence that might be uncovered.

In an earlier hearing Friday, Guerin ruled Nodarse fit to stand trial so long as he is on proper medication. He noted that an examination found Nodarse understands what is happening in the legal process and is able to assist in his defense.

Citing the 20-page report, Murray said Nodarse suffers from anxiety, which might increase at times of court proceedings.

Rueckert is awaiting a second examination of Nodarse and has not indicated whether insanity might come up in his defense.