April 12, 2001

Omega case moves to Springfield courthouse

Judge sets April 19 deadline for further guilty pleas, rules on pending motions

BY CARL WALWORTH

City Editor

SPRINGFIELD - Remaining defendants in the Omega Trust and Trading case became acquainted Wednesday with the third-floor courtroom where they're likely to spend a substantial amount of time at their trial, scheduled for May and June.

Judge Michael McCuskey ruled on most pending motions at the pre-trial hearing, moved to Springfield so lawyers and others involved could familiarize themselves with the new surroundings. All previous hearings were in a smaller courtroom in Urbana.

The courtroom in Springfield has three large tables for lawyers, one for the team of prosecutors and two other tables shared by defense lawyers for 12 defendants, including two - Arlene Diamond and Billie Wilson - who are in custody pending trial.

Seven of the original 19 indicted for various roles in the Omega case pleaded guilty in recent weeks, including Clyde D. Hood, the alleged organizer and creator of an offshore investment program that Hood acknowledged falsely promised a return of as much as $5,100 on a $100 investment over nine months. Defendant Chris Engel, who also pleaded guilty earlier this month, also remains in custody.

The remaining defendants awaiting trial who are free on bond are Michael Kodosky, Karen Tillquist-Baibus, Jeffrey Schnibben, James Turner, Phillip Haskell, Bryan Boes, Richard Jones, Nancy Jones, Tom McKibben and Raymond Miller. Some are accused of major roles in soliciting and handling funds from Omega investors, others are accused of improperly using illegally obtained money.

McCuskey set a deadline of April 19 for further guilty pleas to qualify for consideration as being timely and eligible for credits at sentencing per the federal guidelines. A hearing is set for 9:30 a.m. April 19 to handle pre-trial items not settled Wednesday.

McCuskey ruled that Kodosky, of Dundee, is physically able for trial though he submitted letters from three different physicians about conditions he contends make him incapable of going through trial. McCuskey said Kodosky can make arrangements for dialysis in the Springfield area. He noted that earphones were provided so Kodosky can hear better.

Kodosky's lawyer, Jerold Barringer of Nokomis, unsuccessfully asked to withdraw because Kodosky can't afford to continue to pay for private counsel. Barringer entered the case shortly after indictments last August, and McCuskey said not getting paid isn't a sufficient reason to allow a withdrawal on what amounts to the "eve of trial."

The judge ruled in favor of a motion on Schnibben's behalf requiring prosecutors to provide addresses of what may be favorable witnesses, people who have received payment or been granted immunity by investigators. Some have admitted making untruthful statements under oath.

McCuskey ruled prosecutors may argue at trial to admit some evidence that otherwise would be considered hearsay because the statements were made by co-conspirators about the conspiracy.

At the hearing next week, the judge is to consider arguments that some defendants seek to pursue a defense in which the defendant would attempt to show he was told by a police officer, a public authority, that his conduct was OK and therefore legally defensible. Another matter that will come before the judge next week is a motion by prosecutors to have the related civil case combined with the criminal case.

McCuskey is ruling on the civil case, so the jury wouldn't have to distinguish about the different standards between criminal and civil matters. Prosecutors say the evidence is essentially the same in both matters.

About 300 jurors have been summoned for jury selection, which begins May 1 in Springfield. The trial is scheduled to start May 7.

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