Madison County's new Domestic Violence Accountability Court will open on June 1 — the second such program in the state.

“Domestic violence is a major problem not only here but everywhere in the country," Chief Judge David Hylla told the Record. "I think we need to address that. The hope is, obviously, that (the DVAC) will reduce domestic violence and lessen the time that victims have to be in court.”

This will be the circuit's fourth specialty court. It already maintains separate dockets for drug, veterans and mental health cases.

The DVAC will focus on intimate partner violence with intervention programs and at least 26 weeks of group counseling. Though they're out of custody when they join the program, the same bond conditions will apply as do already, keeping offenders from having any contact with victims. Offenders will be monitored by judges in the civil and criminal courts, who will be looking into whether they’re actively participating in the program.

In 2015, the Madison County Sheriff’s office recorded 277 reported crimes of domestic battery. It was an increase from 269 reports the year before and down from 333 reports in 2013, according to the office’s 2015 annual report.

Nationally, domestic violence courts work toward keeping victims safe and holding offenders accountable. Studies show the specialty court can be effective at keeping people from re-offending and at reducing taxpayer cost by keeping them out of jail, Hylla said.

The DVAC also will promote coordination between civil and criminal courts, he said. 

Hylla and Associate Judge Jennifer Hightower will preside over the criminal caseload. Associate Judges Maureen Schuette and Sarah Smith will handle civil cases, which include orders of protection for victims.

The court held an informational meeting May 26 for the defense bar, service providers and the public to cover policy and procedures before the DVAC begins. The Third Circuit has some guidance from Winnebago County, which formed a similar court in 2012. 

Winnebago County is one of six domestic violence mentor courts in the country. It often hosts people from other communities who want to learn about the program and about how to better address domestic violence in court systems.

But every community is different, and it will take time to see how this will work in Madison County, Hylla said.

“We know it’s going to be something we have to take step by step,” he said. “We just saw it was time to get the program started. We were the first in the state to have a drug court — first in the state to have a veterans court. We’ve taken the lead on some of these programs. I’m hoping (the DVAC does) as well as the other courts.”

EAST ST. LOUIS — An woman is suing Zimmer Biomet, formerly known as Biomet, Inc. a Delaware-headquartered medical-device maker, citing alleged design defect and negligence.

Elizabeth Crumbacher filed a complaint on May 23 in the U.S. District Court for the Southern District of Illinois against Zimmer Biomet, alleging that the corporation manufactured defective products that caused injuries to her.

According to the complaint, the plaintiff alleges that she has suffered severe injuries as a result of a metal magnum hip replacement implanted into her in 2008, which then started to corrode. The plaintiff holds Zimmer Biomet responsible because the defendant allegedly manufactured defective products and allegedly distributed them to consumer.

The plaintiff seeks judgment against the defendant in an amount in excess of $75,000 plus court costs and interest. She is represented by Thomas Q. Keefe III of Keefe, Keefe & Unsell, P.C. in Belleville.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00568-DRH-SCW

EAST ST. LOUIS — An estate administrator is suing jail officials, citing alleged failure to protect, insufficient measures taken to prevent injuries, violation of civil rights and wrongful death.

Dwayne White, as administrator of the estate of Bradley C. Scarpi, filed a complaint on May 20 in U.S. District Court for the Southern District of Illinois against St. Clair County Sheriff Richard Watson, Major Phillip McLaurin, St. Clair County, Officer Mark J. Harris, Sergeant Brian D. Cunningham, Officer Rodney Wilson, Officer Christopher Lanzante, Lieutenant Nancy Sutherlin, Sergeant David Nichols, Officer Thomas Mesey, Officer Dante S. Beattie, Officer Patrick Fulton, Officer Howard Kurtz, Officer Nicole Liebig and Officer Steven J. Frierdich, alleging that they allegedly violated the Fourteenth Amendment to the United States Constitution.

According to the complaint, the plaintiff alleges that, on April 10, 2014, Scarpi was arrested and taken to the St. Clair County Jail. Sometime during his incarceration, the suit says, Scarpi informed jail officials that other detainees were threatening him and a sergeant responded by punishing him and placing him in a maximum security cell block. Approximately five hours after being re-housed, jail officials found him hanging in his cell, and he died hours later in a hospital, the suit says. The plaintiff holds St. Clair County Sheriff Richard Watson, Major Phillip McLaurin, St. Clair County, Officer Mark J. Harris, Sergeant Brian D. Cunningham, Officer Rodney Wilson, Officer Christopher Lanzante, Lieutenant Nancy Sutherlin, Sergeant David Nichols, Officer Thomas Mesey, Officer Dante S. Beattie, Officer Patrick Fulton, Officer Howard Kurtz, Officer Nicole Liebig and Officer Steven J. Frierdich responsible because the defendants allegedly failed to take any efforts to protect or appropriately supervise him and encouraged him to kill himself.

The plaintiff requests a trial by jury and seeks award for compensatory damages, attorneys' fees and costs, punitive damages against each defendant and for such other relief as the court may deem just and proper. He is represented by LaToya M. Berry of Law Offices of LaToya M. Berry in Belleville and Locke E. Bowman, Sheila A. Bedi, David M. Shapiro and Vanessa del Valle of Roderick and Solange MacArthur Justice Center Northwestern University School of Law in Chicago.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00560

EAST ST. LOUIS — A man is suing Kris Cairns and Bad Boy Trucking LLC, truck driver and employer, citing negligence and alleging that insufficient measures were taken to prevent injuries.

Dennis Wutrick filed a complaint on May 24 in U.S. District Court for the Southern District of Illinois against the defendants over an alleged collision.

According to the complaint, the plaintiff alleges that on June 17, 2015, he was driving on Interstate 57, and the defendants' tractor-trailer was being driven by defendant Cairns in the same direction behind him when it suddenly and violently collided with his vehicle , causing him to suffer bodily injury, pain and suffering, lost wages and injury to earning capacity, medical expenses and disability or loss of normal life. The plaintiff holds Kris Cairns and Bad Boy Trucking LLC responsible because defendant Cairns allegedly followed his vehicle too closely, operated the truck at a great speed, failed to keep a proper lookout, failed to avoid a collision with his vehicle, failed to slow or stop when danger was imminent and failed to adhere to certain traffic rules and regulations.

The plaintiff requests a trial by jury and seeks judgment against defendants in an amount in excess of $75,000, plus costs of this suit. He is represented by Brett A. Manchel of Levinson and Stefani in Chicago.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00577

EDWARDSVILLE — A woman is suing David King and Acceptance Auto Insurance, citing alleged negligence.

Marsha Cooperider filed a complaint on May 23 in Madison County Circuit Court against the defendants alleging that David King allegedly failed to exercise reasonable care in the operation of a motor vehicle.

According to the complaint, the plaintiff alleges that on February 11 she was operating a motor vehicle, traveling in a northerly direction along Moreland Road in Fort Russell Township, while King, who was insured by Acceptance Auto Insurance, was operating a motor vehicle in an easterly direction along Buchta Road near the its intersection with Moreland Road. The suit says King's vehicle struck her vehicle, resulting in the plaintiff suffering injuries, great pain and mental anguish and to incur medical expenses. The plaintiff holds David King and Acceptance Auto Insurance responsible because the defendant King allegedly failed to yield the right of way, failed to maintain proper control of his vehicle, failed to maintain proper lookout and failed to obey traffic control device.

The plaintiff requests a trial by jury and seeks judgment against the defendants in excess of $50,000, costs of this suit and such other relief as equity at law may require. She is represented by David W. Dugan of David W. Dugan PC in East Alton.

Madison County Circuit Court case number 16L714

EDWARDSVILLE — A couple are suing police Sgt. David Davis and The Village of South Roxana, citing alleged abuse, excessive force and other counts.

Kayla Whitford and Mark Carter filed a complaint on May 20 in Madison County Circuit Court against the defendants, alleging that they had Whitford's vehicle towed and Carter arrested without any probable cause earlier this year.

The plaintiffs request a trial by jury and seek judgment against the defendant in an amount of compensatory and punitive damages, plus court costs. They are represented by Thomas G. Maag of Maag Law Firm, LLC in Wood River.

Madison County Circuit Court case number 16L704

EDWARDSVILLE — A woman is suing William M. Bedell Achievement and Resource Center and Rosejean Carter, former employers, citing alleged age discrimination, hostile work environment, retaliation, and wrongful termination.

Geneva Laurie filed a complaint on May 23 in the Madison County Circuit Court against the defendants, alleging that they discriminated against the plaintiff due to her age and ultimately terminated her employment.

According to the complaint, the plaintiff alleges that she was subjected to discrimination during her employment because of her age. The plaintiff holds William M. Bedell Achievement and Resource Center and Rosejean Carter responsible because the defendants allegedly terminated the plaintiff in retaliation when she reported to her supervisor the hostile environment during her employment.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount in excess of $50,000 plus court costs and any other relief as this court deems just. She is represented by Michael J. Brunton and Mary M. Stewart of Brunton Law Offices, P.C. in Collinsville.

Madison County Circuit Court case number 16L708

BELLEVILLE — A motorist is suing Abraham A. Wiser and Wiser Trucking Inc., a trucking company and its owner/driver, alleging negligence and claiming that insufficient measures were taken to prevent injuries.

Dominga Espinoza filed a complaint on May 24 in the St. Clair County Circuit Court against the defendants alleging failure to properly control a truck.

According to the complaint, the plaintiff alleges that, on July 21, 2014, she suffered serious injuries as a result of a collision. The plaintiff holds Abraham A. Wiser and Wiser Trucking Inc. responsible because the owner/driver allegedly failed to keep a proper lookout as well as to control the speed of his vehicle.

The plaintiff seeks judgment against the defendant in an amount in excess of $50,000 plus court costs and any further relief as this court sees fit. She is represented by Patrick L. Mickey of Brown & Crouppen, P.C. in St. Louis , Missouri.

St. Clair County Circuit Court case number 16L261

EAST ST. LOUIS — A former deputy is suing Randolph County, Illinois and the county's sheriff, Shannon Wolff, citing alleged retaliation and violation of civil rights.

Kenneth M. Kempfer Jr. filed a complaint on May 24 in the U.S. District Court for the Southern District of Illinois against the defendants, alleging that they retaliated against the plaintiff due to his political affiliation.

According to the complaint, the plaintiff alleges that, after the November 2014 election, he was forced to resign after he was told that the sheriff allegedly would no longer renew his commission. The plaintiff holds Randolph County, Illinois and Sheriff Shannon Wolff responsible because Wolff allegedly informed the plaintiff that his commission would no longer be renewed after Wolff won the election for sheriff.

The plaintiff requests a trial by jury and seeks compensatory damages, reimbursement of costs and expenditures, equitable relief ordering the defendant to renew plaintiff's commission and to allow him to resume is post, and any further relief as this court deems appropriate. He is represented by Clay B. St. Clair and Anthony P. Gilbreth of Crowder & Scoggins, Ltd. in Columbia.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00574

EDWARDSVILLE — A man is suing Dave & Judy's Inc., doing business as Dave & Judy's B&R, and Greg Kuehnel, bar patron, claiming negligence and alleging that insufficient measures were taken to prevent injuries.

Colin Harris filed a complaint on May 23 in the Madison County Circuit Court against the defendants alleging that they sold alcoholic beverages to defendant Kuehnel, who then purportedly caused injuries to the plaintiff.

According to the complaint, the plaintiff alleges that, on April 2, 2016, he suffered a fracture of his leg. The plaintiff holds Dave & Judy's Inc., d/b/a Dave & Judy's B&R, and Greg Kuehnel responsible because Kuehnel allegedly became intoxicated at the bar and jumped on the back of the plaintiff.

The plaintiff seeks judgment against the defendants for a sum in excess of $50,000 plus court costs. He is represented by Lanny Darr of Darr Law Offices, Ltd. in Alton.

Madison County Circuit Court case number 16L702

EDWARDSVILLE — One woman is suing another over a claim of negligence in a rear-end collision.

Cassie Raimundi filed a complaint on May 23 in the Madison County Circuit Court against Mary Simpson, alleging that the defendant failed to properly operate her vehicle to avoid a collision.

According to the complaint, the plaintiff alleges that on March 18, she was operating a motor vehicle traveling northbound on North Main Street in Edwardsville, while defendant was operating a motor vehicle heading in the same direction behind the plaintiff's. The suit says the defendant's vehicle struck the rear of the plaintiff's car, causing the plaintiff to suffer injuries to her head, body and limbs. The plaintff also has allegedly suffered loss of wages and has expended money necessary for medical care and treatment. The plaintiff holds Mary Simpson responsible because the defendant allegedly failed to keep a proper lookout, failed to timely apply brakes on the vehicle, operated the vehicle at an excessive rate of speed and followed more closely than what was reasonable.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount in excess of $50,000. She is represented by Thomas C. Rich of Thomas C. Rich PC in Fairview Heights.

Madison County Circuit Court case number 2016L000718

MOUNT VERNON – St. Clair County Circuit Judge Robert Haida improperly dismissed a murder indictment in the death of a year old child in 1972, Fifth District appellate judges ruled on May 19. 

They reversed an order Haida signed in 2014, finding that suspect Gary Warwick suffered prejudice in the delay of prosecution. 

“A defendant must do more than show that a particular witness is unavailable and that the witness’s testimony would have helped with his defense,” Justice Thomas Welch wrote. 

“The defendant must establish that the loss of testimony has meaningfully impaired his ability to defend himself.” 

Justices Eugene Schwarm and James Moore concurred. 

Grand jurors first indicted Warwick in the death of Joseph Henry Abernathy III in 1973, on a charge of murder in the first degree. 

The child died of liver lacerations. 

Warwick lived with Joseph’s mother. 

State’s attorney Robert Rice dismissed the indictment in 1974. 

“The reasons for the dismissal are unclear,” Welch wrote. 

“Although the state’s motion to dismiss the original indictment did not identify a reason for the dismissal, the state argued that the dismissal occurred because the defendant was suffering some form of eye disease which rendered him blind and affected his ability to stand trial.” 

Current State’s Attorney Brendan Kelly obtained a second indictment in 2013, and police arrested Warwick at a Texas Roadhouse in Portage, Ind. 

News reports identified him as a college softball coach in Portage, 62 years old. 

CBS in Chicago identified the victim as Joseph Henry Abernathy III. The network reported that Warwick was married, with two adult daughters and three grandchildren. 

The St. Louis Post-Dispatch identified the mother as Cathy Abernathy. 

St. Louis criminal defense lawyer Stephen Welby wrote on his website that lead investigator Charles Airhart married the grandmother. 

CBS in Chicago gave credit to state’s attorney Kelly for responding to a YouTube campaign, and the Post-Dispatch gave credit to sheriff Rick Watson. 

Warwick moved to dismiss the indictment as a violation of due process. 

His lawyer, James Gomric of Belleville, argued that witnesses were dead, records were unavailable, and time had distorted memories. 

At a hearing, he offered 13 examples of missing records and dead witnesses. 

Haida granted the motion and wrote, “Delay at any stage of the process can tend to erode information of evidentiary significance.” 

“There can be no doubt that the extreme amount of time that has passed has substantially affected both sides in the truth seeking process,” he wrote. 

Kelly moved for reconsideration, and Haida denied it. 

Kelly appealed and prevailed. 

“Actual and substantial prejudice requires actual damage to a defendant’s ability to obtain a fair trial because of the state’s unreasonable delay,” Welch wrote. 

“The defendant’s obligation to show actual and substantial prejudice is an exacting one. 

“His contentions that witnesses are deceased and records are unavailable without any specificity as to the information that could be gleaned from the unavailable documents, the subject matter of the witnesses’ testimony, the relevance of the lost testimony and evidence, and an explanation as to why this information could not be obtained from another source are inadequate to establish actual prejudice.” 

He acknowledged a possibility of prejudice but classified that as presumptive prejudice rather than actual prejudice. 

“However, this is not to say that the defendant cannot make this motion again to allow the trial court to make a determination of whether actual and substantial prejudice resulted from the improper delay in light of what manifests during preparation for or in the course of the trial,” Welch wrote.