It may take until early 2023 for Kenneth Cusick’s wrongful prosecution claim against a former State’s Attorney to go to trial. Lawyers for Cusick and Karen Donnelly have not talked about settling and yesterday gave a federal judge a timeline they believe is reasonable for preparing for a trial with some steps foreseen late next year. Cusick’s attorneys believe the trial could last about 21 days. Donnelly’s side believes trial could require just seven to ten days.
A LaSalle County jury acquitted Cusick of murder in late 2019. He’d been accused of drowning his wife by forcing her face into a toilet bowl in 2006. Donnelly is asking the judge to dismiss the wrongful prosecution lawsuit. If it isn’t dismissed, the attorneys may continue to argue legal theory over just who can be held liable and why. There’s also the issue of how to calculate damages if Cusick wins.
Donnelly’s also asking a federal judge to dismiss the wrongful prosecution case brought by former State’s Attorney Brian Towne. A judge dismissed charges that Towne misused public money. Donnelly’s court filings last week say the case didn’t end in a way that shows he’s innocent and he waited too long to file his lawsuit. The judge in the case against Towne, without ruling on guilt or innocence, ruled that the prosecution took too long to prosecute.
Other people, including police officers involved in the investigations, are also named as defendants in these cases against Donnelly.