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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