The revisit of a 46-year old Peoria murder case continues to move forward in the county courthouse. The hearing for Cleve Heidelberg, who’s convicted of killing a sheriff’s deputy in 1970 started with his apology to the court for what he called his "boisterous actions" during the previous hearing.
Last month, he repeatedly interrupted the judge and demanded to serve as his own attorney. Now, Heidelberg says, he’ll represent himself in the petition for post-conviction relief. The other court filing, the motion for a special prosecutor, will continue to be represented by his attorneys Andy Hale and Don Jackson.
The court matters will be addressed in separate hearings. Heidelberg will represent himself at a hearing Nov. 16. The motion for a special prosecutor was granted and is being reviewed by the Attorney General’s Office. A status hearing on that investigation is set for Dec. 1.
Judge Purham also denied the Peoria County State's Attorney's motion for a stay on the appointment of a special prosecutor.
Larry Evans is representing State's Attorney Jerry Brady. Evans says Heidelberg’s defense team is circumvented the legal process.
“To have another entity take over the review of the case, where the State’s Attorney has already determined that there was a proper conviction in 1970. There is nothing new,” Evans said.
Heidelberg’s legal team argues Peoria County State’s Attorney Jerry Brady has a conflict of interest. Brady’s professional mentor was the original prosecutor. Heidelberg’s attorneys say phone logs show 18 calls from the Peoria County State’s Attorney’s Office made to that prosecutor after Heidelberg’s petition was filed.
"I just want a neutral body to tell me, whether or not Mr. Heidelberg's constitutional rights to a fair trial were violated," Purham said.
Purham says he believes the family of the officer slain in 1970, Sgt. Raymond Espinoza, deserves justice too.