A motion that could lead to the dismissal of charges against of Deerfield was filed today in Lake County Criminal Court in Waukegan during a status hearing in the case.
Ditka, son of former Chicago Bears Coach Mike Ditka, was while sitting in a car in a Deerfield parking lot, according to his lawyer, Robert Ritacca. Ritacca said Ditka was sitting in the vehicle with another passenger.
The papers filed today Ritacca filed to keep the arresting officer from testifying about apprehending Ditka because Ditka alleged the policeman had no legal right to question him in the first place.
“I want to make sure the judge knows everything that is going on in this case,” Ritacca said. “I want to make sure all the t’s are crossed and the i’s dotted.”
In particular, Ritacca claims in the expanded motion there were no keys in the car’s ignition when the officer approached Ditka. Judge Brian Hughes will set a time at a status hearing Dec. 8 for Ritacca and Assistant Lake County State’s Attorney Robert Money to question witnesses before a ruling.
“If there were no keys in the ignition it was an improper stop,” Ritacca said. “If the stop was improper there is no case.”
Money, who had not had an opportunity to read the motion before Ritacca handed it to Hughes, had no comment.
At earlier hearings on Ritacca’s original motion, the officer and other witnesses were questioned Oct. 27 and Nov. 17. The judge will rule when all testimony is complete.
Ditka’s brother, , was arrested on similar charges Sept. 24 in Deerfield. He will next appear in court at 9 a.m. Dec. 14 for a pretrial. That case is a misdemeanor while Michael Ditka faces felony charges according to Money.