Jury Deliberations Will Enter 2nd Day In Lockport Double Murder Case

JOLIET — After 10 hours of deliberations without a unanimous verdict, Will County Judge Amy Bertani-Tomczak dismissed the jury in Anthony Maggio's first-degree murder trial shortly after 10 p.m., ordering them to return to the courthouse at 9 a.m. to resume deliberating.

Maggio is on trial in the deaths of Lockport mother Ashtin Eaton, 32, and Hazel Bryant, the 14-month-old daughter they shared.

The judge also rejected defense attorney Michael Clancy's request to declare a mistrial, after he claimed the jury was deadlocked.

Will County Assistant State's Attorney Christopher Koch argued there was no indication the jury was unable to reach a verdict. The jury had passed a note to the judge saying "things are really heated in here," asking for a break around 9 p.m. The judge, instead, made the jury continue deliberation until 10 p.m.

"They told me they're fatigured and they need a break from each other," the judge advised the courtroom late Thursday night.

After entering deliberations at noon, the jury paused several times to ask questions and ask to view evidence.

At around 2:30 p.m., the jury asked for photos of Eaton's kitchen and baby Hazel on the couch, as well as the crime scene video made by the police. They also asked for a transcript of Maggio's hourslong police interview, but were told that no written transcript exists.

By 3 p.m., the jury resumed had deliberations after being given the photos and police video.

At 4:20 p.m., the jury told the judge, "As of right now, we are not unanimous on all the charges. What should we do?"

Bertani-Tomczak instructed them to continue deliberating at that point.

Prosecution's Closing Argument Centers On Paramedic Training

During Thursday's closing arguments, Koch raised his voice and pointed at the defendant, telling jurors that Maggio relied on his paramedic training in the hope of staging the murder of Eaton to look like a suicide and the death baby Hazel to appear to be an accidental suffocation.

Koch reminded the jury that the Lockport killer had to walk through the bedroom of Eaton's oldest child, 11-year-old Jessica Eaton, yet the killer chose not to harm her.

That's because, Koch argued, Maggio drove to the Lockport apartment during the late night hours of Oct. 1-2, 2020, with one purpose: to eliminate Hazel and Ashtin from being problems in his life. Maggio was afraid of being forced to pay court ordered child-support for Hazel against his wishes, Koch told the jury.

"She's right there in the hallway, she's not touched, not hurt and not killed, and she is the only one who could be a witness to it," Koch explained to the jury, outlining his argument for why Maggio is the killer.

"But Jessica is not the problem," Koch continued. "Jess is not his child. Hazel is, and that is why it's him. I'll take care of my problem, and it's Hazel."

Koch also reminded the jury of the dream Maggio had back around February 2020 in which his fiancee, Marcelina Baliczek, who is the mother of his two young daughters, had left him because of his lingering problems related to the issue of paying child support to Maggio's other baby, Hazel. "That dream is going to become a reality," Koch declared.

Koch told the jury that Maggio was the only person who would have committed the murders who had reason to delve into his firefighter-paramedic training to stage the crime scene to appear as if Hazel died from accidental suffocation and that Eaton, the distraught mother who found her baby dead, took her own life by slitting her wrists in sorrow.

However, the box cutter knife found near Eaton's lifeless body contained the DNA profile of Maggio, and Maggio's DNA was found underneath both of Eaton's fingernails. His DNA was also recovered from around the neck of her T-shirt, Koch advised the jury.

All of that DNA was left by Maggio because he had messed up, his double murder did not go according to plan, because Eaton survived the initial attempt and there was a struggle on her kitchen floor, according to Koch.

The jury learned on Wednesday from a New York blood-stain expert that the three-inch-long slash to Eaton's wrist did not kill her, and she was still alive struggling on the floor with her assailant until she died of strangulation.

Maggio had left the box cutter knife near Eaton's body as part of his plan to stage the crime scene, Koch told the jury.

Maggio Already Knew Ashtin Eaton Was Dead: Koch

And on the night of Oct. 1, 2020, Maggio intentionally left his cell phone inside his Crestwood condominium, "to show his location being in Crestwood 100 percent," according to Koch.

"He's going out to kill. He's going out to take care of his problem. He's leaving that phone in Crestwood," Koch argued.

Koch said that if you're staging the crime scene to appear to be an accident and suicide, "you're absolutely leaving your phone there (in Crestwood), no doubt about it," Koch argued. "I believe he murdered her. If you look at the whole picture, you can see who has reason to kill Ashtin. He does. Who has a reason to kill Hazel? The defendant.

"That DNA is there is because he was there on October 1st and October 2nd," Koch said.

As for Maggio's behavior upon being notified by Lockport police of his daughter Hazel's death, Koch said Maggio did not ask the Lockport police detective any questions about the child's mother, Eaton, and never made any attempts to contact her after being told of Hazel's death. Maggio didn't even tell his own father that Ashtin Eaton had died, according to the prosecutor.

This was all because Maggio already knew what had happened to Eaton because he had killed her, Koch claimed. And Maggio was hoping to trick the police and medical examiners, relying on his paramedic skills and extensive training, Koch suggested.

"He knows how to make this look like a suicide, 100 percent, 100 percent," Koch argued. "Who, besides Anthony, who can't have that kid in this world? No one. No one. He can't just get rid of Ashtin because who's responsible then for that child? He is.

"He is," Koch repeated. "He's the only one in this world."

Maggio's Lawyer Asks Jury "To Embrace The DNA"

During his closing arguments, Chicago criminal defense lawyer Michael Clancy asked the jury to return to the courtroom with not guilty verdicts in both homicides of Hazel and Ashtin Eaton because "Anthony Maggio is innocent."

"I'm telling you now, embrace the DNA," Clancy declared. "You know what the DNA does? It proves he's innocent."

Clancy reminded the jury that his client's DNA was excluded from being the DNA found on Hazel's pajamas; also, DNA from three other males was recovered from the T-shirt worn by Eaton at the time of her slaying. DNA from another female was found on the bloody box cutter knife found near Eaton's body, in addition to having DNA from both Eaton and Maggio.

The jury was told during trial testimony that Maggio's DNA was a major DNA profile, and the other DNA specimens recovered from her T-shirt were so small that the Illinois State Police were unable to pursue additional testing to determine those three other unknown identities.

Clancy argued that the Will County State's Attorney Office "was trying to trick you" by tossing out terms such as major and minor DNA. "And guess what, he's the minor on the handle of the knife," Clancy said of his client.

"There is no evidence he was ever in Lockport on the first or second of October," Clancy declared. "There is no evidence he was."

Clancy also told the jury to believe the testimony from Maggio's fiancee, who testified that when she went to sleep on the night of Oct. 1, 2020, Maggio was in bed with her, and he was also in bed with her when got woke up the next morning.

In addition, the police investigation determined that Maggio's phone remained in Crestwood on the night of the Lockport murders.

"That is an alibi," Clancy raised his voice.

Clancy Urges Jury To Return Not-Guilty Verdicts

Clancy told the jury that the prosecution wants them to believe that his client, who was a firefighter-paramedic, a father, and a son, "turned into Hannibal Lecter" from the classic movie, "The Silence of the Lambs." Clancy said the prosecution inferred that Maggio must have put his cell phone on airplane mode or turned it off because he and Eaton had previously shared text messages about the topic of Maggio turning off his phone so he could sneak out of his condo in Crestwood to share an intimate encounter while Maggio's fiancée was asleep.

"This makes zero sense, zero sense, and it proves nothing," Clancy argued.

Clancy argued the prosecution's child support motive for the murders was "nonsense."

"He wasn't happy about it, does that mean he went over and killed her and killed the baby?" Clancy asked. "This paramedic-fireman isn't killing a 14-month-old child over a $400 payment a month. He was not $100,000 in debt, but it's all they got."

Clancy asked the jury to return not-guilty verdicts because reasonable doubt exists as to the prosecution's case against his client.

"Find him not guilty because he is," Clancy stressed. "Tell the Lockport Police Department and the Illinois State Police to get back there and give this family something, because it ain't him."

In addition to being represented by Chicago criminal defense attorney Michael Clancy, Maggio's defense team also included Margaret V. McQuaid of the Law Office of Margaret V. McQuaid.

Related coverage:

• Joiet Amazon Paramedic's DNA Found On Lockport Murder Victim's Body
• Lockport Murders: Maggio's DNA On 3 Items At Crime Scene
• Lockport Murders: Mom Was Blocked On Snapchat Before Her Killing
• Juror Collapses As Autopsy Photos Of Lockport Mom Shown In Trial
• Lockport Mom, Baby Hazel Killed Over Child Support: Prosecutors
• Was Maggio Asleep When Lockport Murders Happened? Fiancee Testifies
• Amazon Worker Offered $10K To Make Woman Disappear Before Murder: Koch