Lawyer Pushing Nutter Murder Case to Trial

The attorney for Philip Vatamoniuc, one of three defendants in the Colin Nutter murder case, continued to push his client's case to trial before the other accused return to court during a status hearing today in Lake County Criminal Court in Waukegan.

Robert Ritacca, Vatamumiuc's lawyer, told Judge Victoria Rossetti he wants a separate trial for his client, wants prosecution evidence suppressed and will be ready for the scheduled July 22 trial date.

“I have filed motions to quash their (the prosecution’s) statements and videos and to sever the counts and defendants,” Ritacca said in court. He wants Vatamoniuc to have a separate trial from defendants Benjamin Schenk and Michael Coffee. “When you have antagonistic defendants the constitution allows this so they get a fair trial.”

Schenk, Coffee and Vatamoniuc were arrested for Nutter’s murder June 7 after Nutter’s body was found in Wilmette June 4. All three remain in Lake County Jail unable to post the $500,000 cash portion of a $5 million bond.

Lead prosecutor, Assistant Lake County State's Attorney Reggie Mathews, promises to be ready July 22 and did not dismiss the idea of trying Vatamoniuc separately from the other defendants. “There is a constitutional guarantee all three defendants should get a fair trial,” Mathews said.

Vatamoniuc and Coffee were in a car in Highwood with Nutter and Schenk when Schenk shot Nutter in the back of the head, according to initial statements from police and the Lake County States’ Attorney.

Though Ritacca is quickly getting ready to defend Vatamoniuc, he has yet to see all of the evidence Mathews and Assistant State’s Attorney Rod Drubinski plan to offer during a trial.

“We are dealing with four jurisdictions,” Mathews said. “The (remaining) evidence will come from Wilmette this afternoon. We will put it together and give it to Mr. Ritacca as soon as we can.” Ritacca indicated he wants to see the material when he is present in court.

After Ritacca finished making his legal statements to Rossetti, he paused to talk about the impact of the case on everyone involved.

“Everyone is very remorseful for the family (of Nutter),” Ritacca said. “I don’t want to embarrass the family but my client is a 17-year-old high school student getting ready for final exams when he was (arrested) for the shooting.” Nutter’s father, Michael Nutter of Highland Park, was present in court.

Mathews tells Patch in a video whether he thinks the Vatamoniuc defense is driving the case.

Rossetti will decide whether to grant Vatamoniuc a separate trial and what evidence can be presented in court at 9 a.m. July 10 in Waukegan.