Joliet Murder Defendant Peter Zabala Possibly 'Physically Unfit' For Trial After 7 Years Of Delays: Lawyer

JOLIET, IL — It's now been more than seven years since the shocking disappearance and murder of Joliet's Ashley Tucker. Her slain body was burned beyond recognition and later discovered by Joliet police inside a burn barrel on Joliet's northeast side.

Joliet police detectives identified convicted sexual predator Peter Zabala as Tucker's killer, and he has remained in the Will County Jail for more than seven years facing first-degree murder charges in Tucker's brutal slaying.

Joliet police took Zabala into custody on Oct. 22, 2018, and he has remained in the Will County Jail ever since. Now, Zabala and Chuck Bretz, his criminal defense lawyer since the beginning, have filed a motion seeking a fitness evaluation "regarding physical fitness to stand trial due to his worsening pain due to his diagnosed ventral hernia, the symptoms of which, as reported by the defendant to defense counsel, have led defendant counsel to believe that there is a bona fide doubt as to the defendant's physical fitness to stand trial for the reasons stated in said motion."

This month's filing by Bretz comes as Zabala's murder case is finally on the court's calendar for the start of a jury trial beginning Jan. 12 in Courtroom 502.

On Nov. 6, Bretz submitted a motion objecting to the Will County State's Attorney's Office selected physician to perform the evaluation on Zabala.

Prosecutors indicated that Dr. Dheeraj Taranath, chief clinical officer of Wellpath, the company that provides medical services at the Will County Jail, would be selected for the evaluation.

"The defendant respectfully objects to the state's proposed appointment of Dr. Taranath," Bretz argued in his filing. "The State's selection of Dr. Taranath, chief clinical officer of the very entity responsible for the defendant's day to day medical care in the jail creates a direct and substantial conflict of interest and the appearance of bias, particularly because jail medical staff have previously determined that the defendant's hernia does not require additional treatment, contrary to the October 15 recommendation of Dr. David Joseph Ryan, MD at Northwestern Medicine."

Bretz Argues Prosecution's Selected Doctor Has Financial And Professional Incentives

According to Bretz's filing, "Dr. Taranath has financial and professional incentives to minimize or characterize medical findings in a manner that avoids costly treatment obligations and shields prior institutional medical decisions from contradiction. This creates a concrete conflict of interest that threatens the neutrality for a court-appointed fitness evaluation and at a minimum, creates the appearance of bias that risks tainting the proceedings."

In closing, Bretz has asked Will County Judge Jessica Colon-Sayre to disqualify Dr. Taranath "based on conflict and the appearance of bias and appoint an independent qualified expert selected by the defendant to conduct the fitness examination of the defendant and prepare a report ... with the express requirement that the evaluator be wholly independent of the Will County Adult Detention Facility, Wellpath and their personnel."

Will County State's Attorney Asks Judge Colon To Appoint Dr. Taranath of Wellpath

On Nov. 10, Will County Assistant State's Attorney Mike Fitzgerald filed his response, pointing out that Wellpath's policies and procedures manual states that "physicians, dentists and mid-level providers have the freedom to practice their profession without interference from non-medical/dental personnel. Clinical decisions and actions regarding health care provided to patients are the sole responsibility of qualified health care professionals."

From Fitzgerald's perspective, "Wellpath's own policies show that the patient's care comes first before any institutional interests and as an example in this case, Wellpath arranged for the defendant to be seen at Northwestern Hospital by Dr. David Joseph Ryan so that he could provide a second opinion on the defendant's condition ... Dr. Taranath, as chief clinical officer for Wellpath, is bound by the policy. The State again points to the fact that Wellpath arranged to have the defendant evaluated by Dr. David Joseph Ryan at Northwestern Hospital for a second opinion regarding the defendant's hernia.

"The State requests this court deny the defendant's motion and asks that when it appoints physicians under its authority ... it appoints Dr. Taranath of Wellpath to also do an examination of the defendant for his physical fitness to stand trial," Fitzgerald wrote in closing.

Zabala is slated to be back in Will County Courtroom 502 for his next pretrial hearing in front of Judge Colon on the afternoon of Dec. 8.

The start of his Jan. 12 jury trial remains on the judge's calendar — for now.

For a quick recap of events surrounding Ashley Tucker's murder case over seven years ago:

Tucker Vanishes After Housewarming Party

Ashley Tucker drove to her father's housewarming party in the 1000 block of Joliet's Loren Drive on Oct. 13, 2018, which was a Saturday night.

Meanwhile, around 7:45 p.m., Zabala drove to Stang Kelly Liquors at 712 W. Jefferson St., and "video surveillance showed (Zabala) drove a Buick Lacrosse to Stang Kelly Liquors."

At 8:55 p.m. Zabala attended the housewarming party for Ashley Tucker's father. Ashley Tucker got there between 9 and 9:30 p.m.

She left at 10:45 p.m. Zabala left around 10:50 p.m.

Ashley Tucker dropped off a woman and a man at their apartment building in Joliet's 2200 block of Oneida Street. Tucker's passengers got to their apartments at 11 p.m.

From there, Ashley Tucker called one of her two roommates to let her know she was ordering fast-food at the Mr. Submarine on West Jefferson Street. Tucker made a food purchase at Mr. Submarine at 11:04 p.m. Zabala, according to Joliet police, also drove to Mr. Submarine.

Afterward, Tucker drove to the city's far east side, where she lived, in the 2100 block of Tamarack Drive. She pulled into her driveway around 11:30 p.m.

Her two roommates never saw her enter their residence.

At 5 a.m. Oct. 14, 2018, one of the roommates saw Tucker's car parked in her driveway, but she was missing.

Around 1 p.m., video surveillance showed Zabala driving a Buick Lacrosse south along Joliet's Mission Boulevard. Around 3:10 p.m. Zabala turned into a private driveway in the 3500 block of South State in Lockport Township, between McBride's Collision and his uncle Joseph Zabala's residence on South State Street.

More Joliet Patch coverage:

• Ashley Tucker's Murder: Here's Why Joliet Arrested Peter Zabala
• 48 Murder Defendants In Will County Await Trial
• Ashley Tucker Slaying: Different Man's Car Tied To Murder
• Ashley Tucker Murder Defendant Hires Chuck Bretz