Crimo Confession Admissible In Court, Judge Finds Accused Shooter Waived Right To Lawyer

WAUKEGAN, IL — The judge overseeing the trial of Highland Park parade shooting defendant Robert "Bobby" Crimo III ruled Wednesday that a recording of his questioning by police can be admitted as evidence in his upcoming trial.

Lake County Circuit Judge Victoria Rossetti denied a motion from Crimo’s public defenders, who argued that police violated his constitutional rights when they prevented Pat Semrad, an attorney hired by his family, from accessing the accused mass shooter during two days of questioning.

Rossetti determined Crimo had knowingly and intelligently waived his right to counsel on multiple occasions, citing video recordings and witness testimony.

"Additionally, the general tone of the interview is recorded on July 4 and July 5 of 2022 appeared to be conversational and non-threatening, with an informal and relaxed atmosphere," Rosetti said.

The Highland Park police detective and FBI agent who questioned Crimo repeatedly offered him an opportunity for a phone call, as well as access to food, drink and chances to rest or use the bathroom, the judge determined.

---

"[Crimo] appears to understand his rights, is oriented, coherent and does not appear to be under the influence of drugs or alcohol," Rossetti said, finding that the interrogators took "numerous precautions" to make sure that Crimo was aware of his Miranda rights and right to an attorney.

The judge ruled that it was clear from the video evidence and witness testimony at last month's hearing that there was "no use of coercion, deceit or intimidation" to prevent Crimo from talking to a lawyer.

"[Crimo] clearly understood his rights and executed a voluntary, knowing and intelligent waiver," Rossetti said.

Crimo, 24, faces 117 felony charges, including 21 counts of first-degree murder, for allegedly killing Katherine Goldstein, Irina McCarthy, Kevin McCarthy, Jacquelyn Sundheim, Stephen Straus, Nicolas Toledo-Zaragoza and Eduardo Uvaldo and wounding dozens more after opening fire on paradegoers from a rooftop at the 2022 Highland Park Independence Day parade.

Prosecutors are expected to to use the interrogation videos, which they have said include a confession that "looked down his sights, aimed and opened fire at people across the street," as key evidence at trial, which is scheduled to begin Feb. 24.

Defense attorneys claimed Crimo’s rights were violated when police refused to allow Semrad, a bankruptcy attorney hired by Crimo’s father, to meet with him at the Highland Park Police Department.

Video evidence presented in court at a hearing last month showed detectives informing Crimo that a lawyer was in the lobby, but Crimo declined to speak with him multiple times, forfeiting his right to legal counsel.

"The court finds that the state has met its burden by a preponderance of the evidence that [Crimo] was properly informed of his rights and the presence of the attorney and intelligently and knowingly waived his right to speak to them and chose to continue to give his statement," Rossetti said.

Semrad did not testify at last month's evidentiary hearing after both sides agreed to stipulated to his testimony.

Crimo's father had contacted him while FBI agents were searching his home on the afternoon of the shooting. After learning that Crimo was in custody, Semrad agreed to go to the Highland Park police station and advise him about speaking with police.

Semrad, who took kept detailed notes of what transpired that night, spoke with Assistant State's Attorney Ben Dillon, the lead prosecutor on the case, around 9 p.m. after identifying himself as Crimo's attorney to the sergeant in the lobby.

Video of the interrogation shows police showed Semrad's card to Crimo and mentioned he was in the lobby without further details. Crimo declined to speak to him, saying he might be capable in a "little nice domestic case" but not this one.

"Dillon informed Semrad that Bobby refused to speak with Semrad and that Semrad would not be allowed to see Bobby," Rossetti said, citing the stipulated testimony.

Shortly before 10 p.m., Semrad, Dillon and defense attorney Thomas Durkin took part in a three-way phone conversation, telling the prosecutor that they were Crimo's attorneys and asking to speak with him.

"However, Dillon advised Semrad and Durkin that Bobby refused to speak with Semrad, so Semrad was not permitted to see him," the judge said.

Rossetti's ruling did not address the matter of whether police and prosecutors were obligated to tell Crimo that Semrad had been retained to represent him — that he was "his" attorney rather than just "an" attorney.

She did note, however, that Crimo described a desire to speak to an attorney about the process once the interrogation was complete and before he was taken to jail, indicating that he was well-aware of his rights throughout the interview.

---

The judge also granted a motion from the prosecution to allow testimony from a Highland Park police sergeant who said he recognized Crimo from encounters while he was assigned to North Shore School District 112 and Highland Park High School.

Prosecutors want the former school resource officer to be allowed to identify Crimo in surveillance video recorded moments before and after the shooting.

That video, which was played in court last month, appears to show Crimo wearing a tennis skirt and makeup in what investigators believe was intended as a disguise.

As he flees, the video shows him apparently dropping the murder weapon — a Smith & Wesson M&P-15 rifle that was banned by legislation passed in response to the shooting.

Following the hearing, Lake County State's Attorney Eric Rinehart issued a statement declaring his office would be ready for trial in February.

"While our office will not comment on the type or amount of evidence that will be introduced at trial," Rinehart said, "we agree with the judge's factual findings and legal ruling that police and prosecutors honored all of the defendant's constitutional rights on July 4 and July 5, 2022."

In addition to the Crimo's upcoming murder trial, there are numerous cases stemming from the shooting pending in civil court.

Victims’ families have filed claims against the Illinois State Police, alleging the agency acted negligently by issuing Crimo a Firearm Owner Identification card despite prior warning signs that he was a clear danger.

Separately, civil lawsuits target gunmaker Smith & Wesson, arguing the company’s marketing practices appealed to at-risk individuals, also naming as defendants Crimo, his father, and firearm retailers involved in selling him a gun.

In response to a request from Crimo's attorney at Wednesday's hearing for the reinstatement of his phone privileges, Rossetti allowed him to have phone contact with his family on Christmas Eve and Christmas Day.

The judge also asked prosecutors and defense attorneys to submit drafts of questions to potential jurors ahead of Crimo's next court appearance Jan. 9 in Waukegan.

Earlier: Judge To Rule Whether Cops Violated Accused Mass Shooter's Rights, Denied Attorney Access