A judge on Friday denied an attempt by attorneys for Christopher Vaughn to question an Illinois police officer investigating the slayings of the Oswego man’s wife and three children.
Attorneys for Vaughn sought to depose Illinois State Police Sgt. Gary Lawson, who signed the complaint charging Vaughn with murdering his family, as part of their effort to block Vaughn’s extradition to Illinois to stand trial.
St. Charles County Judge William Lohmar quashed the deposition notice, as requested by Missouri prosecutors. They argued Vaughn’s attorneys had no right to depose Lawson, which could have allowed them to ask why charges were brought, as part of extradition proceedings.
“That is specifically disallowed, to go into any of the underlying causes or the reasons for probable cause,” St. Charles County Prosecuting Atty. Jack Banas said.
He cited a 1998 U.S. Supreme Court case that concluded the only issues relevant at extradition were whether the charging documents were properly drafted, the right suspect was arrested and the suspect was charged with a crime in the state seeking extradition.
Pointing at Vaughn, Banas said the State of Illinois has alleged: “That’s the guy who shot his children. That’s the guy who shot his wife. That’s the guy they want.”
Vaughn, 32, was arrested June 23 in St. Charles as he arrived for the funeral of his family, about eight hours after Will County, Illinois, Chief Judge Stephen White issued the warrant. Vaughn is charged with the murders of his wife, Kimberly, 34, and their three children: Blake, 8, Cassandra, 11, and Abigayle, 12.
The four were found fatally shot June 14 in a sport-utility vehicle off a frontage road in Channahon Township after Vaughn, who had minor gunshot wounds on his thigh and wrist, asked a passing motorist to call 911.
On Friday Vaughn was handcuffed and clad in an orange jumpsuit and blue loafer gym shoes. Before the hearing, he spoke quietly with David Waltrip and Scott Rosenblum, two of the four defense attorneys at the hearing.
Waltrip argued the extradition documents were “fatally defective and insufficient” under Missouri law because they did not cite facts determining probable cause.
Banas countered that Vaughn had a right to challenge probable cause in “Illinois, not here in the State of Missouri.”
Lohmar has set a July 24 hearing to determine whether Vaughn should be extradited. Waltrip, who has the right to file an appeal of Friday’s ruling, said he would decide his next step after talking to Vaughn. “We have some avenues that are still available to us,” he said.
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hdardick@tribune.com
