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Attorney Wants Arrest Thrown Out in Sex Abuse Case

The attorney for Robert Phelan, accused of sexually assaulting a 93-year-old dementia patient at an Orland Park care facility, has filed a motion to quash Phelan's arrest in the case.

 


The defense attorney representing an Oak Lawn man accused of sexually assaulting a 93-year-old dementia patient said Tuesday that he will argue motions to suppress the man's arrest.

Howard J. Wise, attorney for Robert Phelan, told Judge Colleen Ann Hyland during a status hearing in her Bridgeview courtroom that he filed the motion about three weeks ago.

Wise didn't give any details about the motion; Patch was unable to get comment after Tuesday's hearing.

Phelan, 57, is accused of sexually assaulting the 93-year-old dementia patient while she was being treated at an Orland Park care facility on July 24, 2011, where he was working as a nurse, according to prosecutors.

Phelan is free on a $350,000 bond.

In early September of this year, Hyland delivered a victory for the prosecution and a blow to Phelan's defense when she ruled that the victim's statement, though the elderly woman will not be able to testify, can be admitted as an "excited utterance."

By agreement, Wise and Assistant State's Attorney Mary Lou Norwell set arguments for Dec. 18.

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Related Topics: Robert Phelan and criminal sexual assault

Charles Martel

9:19 am on Thursday, October 25, 2012

Sexually assulting a 93 year old woman? One word! CASTRATION! Maybe the lawyer too.

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frank

1:42 pm on Thursday, October 25, 2012

For years, Hyland has made some really stupid decisions. Thanks for the update on this one.

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Charles Martel

3:25 pm on Thursday, October 25, 2012

Any of the decisions about you?

ken jenkins

1:47 pm on Thursday, October 25, 2012

Charles I'm with you 100% all the way even the maybe part.

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Jim Vondracek

3:22 pm on Thursday, October 25, 2012

Before breaking out the knives, perhaps we should wait and see if he's guilty.

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Jetta

8:33 am on Saturday, December 15, 2012

My mother is a resident of Lexington of Orland Park where this pervert committed this heinous act. He is as guilty as sin, and should never be allowed to step into a skilled nursing facility again. Like the sickos who prey on children, those who prey on defenseless elderly people are total scum.

frank

6:16 pm on Thursday, October 25, 2012

For Charles.

The answer is NO, nor any friends for that matter.

One case about pot growers does come to mind. If I find info, I'll pass it along.

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