SAFE-T-Act Does Not Apply To Joliet 'Cold Justice' Murder Defendant Gilbert Bernal: Ex-Judge Dave Carlson

JOLIET, IL — Monday morning was scheduled as the pretrial detention hearing for Joliet's "Cold Justice" murder defendant Gilbert Bernal, who was arrested two weeks ago in Flint, Michigan, and returned to the Will County Jail to face first-degree murder charges for the December 1988 disappearance of his wife Joan Bernal, whose body has never been found.

On Monday, in Courtroom 503 of Will County Judge Art Smigielski, former Will County Judge Dave Carlson walked into the courtroom, entering his appearance as the new private defense counsel for Bernal. After the hearing, Carlson introduced Joliet Patch to Orland Park attorney John Fotopoulos of Schwartz Jambois. Fotopoulos will also be helping Carlson with Bernal's defense strategy.

During Monday's courtroom proceedings, Carlson explained to Judge Smigielski that because Gil Bernal was previously charged with the murder, back in 1993, and the case was dropped by the Will County State's Attorney's Office in 1994, Bernal should not be detained under the Illinois SAFE-T-Act, which has only been in place since 2024.

Carlson explained that back in 1993, Bernal was given a bail of $250,000 by now-long-retired Will County Judge Rodney Lechwar, and that Bernal regained his freedom at the time of the murder case, after posting the necessary $25,000, which is 10 percent, of the bail.

"We believe that bond has been set by Judge Lechwar, and we are not agreeing that Mr. Bernal is subject to the SAFE-T-Act," Carlson informed Judge Smigielski.

Judge Smigielski continued Bernal's case until Friday, Jan. 23 to make a decision on whether the SAFE-T-Act applies to Bernal's newly refiled first-degree murder charges.

"Our theory is that the old law applies," Carlson insisted. "The SAFE-T-Act should not apply."

The judge also informed Bernal that the first-degree murder charges carry a prison term of 20 years to 60 years, to be served at 100 percent. Carlson also entered a formal not-guilty for his client during Monday's hearing.

According to last week's pretrial detention petition filed by the Will County State's Attorney's Office of Jim Glasgow, on Dec. 27, 1988, Gilbert Bernal Sr. came to the Will County Sheriff's Office Laraway Station and reported to Deputy Tom Roland that that his wife was missing.

His wife, Joan Bernal, and he both worked at the Joliet Mass Transit building in Joliet, which is how they met several years before. Joan was a bus driver, and Gil was a mechanic.

Prosecutors explained that he told the police he and his wife, Joan Bernal, and their 2-year-old daughter Sarita left on vacation on Dec. 9, 1988. They were traveling to Edinburgh, Texas to visit with his family for the holidays. The original plan was to take with them Gil's children from another marriage, Gilbert Jr., 11, Gabriel, 10, Karissa, 7, and Joan's two children from a previous marriage, Alexander Stanfill, 11, and Larissa Stanfill, 6.

Later, in 1993, Gil Jr. told Will County Sherriff's deputy Sgt. Martin Shifflet in a videotaped interview that when Gil and Joan went into the house on Dec. 8, 1988, he stayed in the truck with the other children. He stated he could hear Gil and Joan arguing in the house. He then said he went closer to the house and was looking through a window when he saw his dad, Gil Sr., grabbing Joan by her neck with one hand and then he grabbed her by her long hair with his other hand and jerked her head backwards and then forwards. He stated that Joan's eyes were closed after that, the petition to deny pretrial release indicated.

According to the petition, Gil Jr. stated he saw his dad drag an unmoving Joan through the living room where they had been standing and down a hallway. A short time later, his dad returned to the truck and was very upset and driving so recklessly that he almost hit a vehicle, as he drove them all the way back to their mom. When they arrived there, Gil Jr. stated his dad threw their luggage in the front yard and told their mom, Lillian, that they were not going to Texas. He said his dad and Sarita then left in the truck.

In 2024 when Gil Jr. was interviewed, he did not specifically remember his father snapping back Joan's head, however he said he saw his father dragging Joan, who was limp, from the living room towards the back of the house, prosecutors explained in last week's pretrial detention filing.

The filing from prosecutors explained that in June 1994, the murder case was dismissed after two witnesses came forward claiming to have seen Joan Bernal alive. One of the witnesses, Shari Campbell, was interviewed by Will County Sheriff's deputies in October 2024, and she stated that her previous claim of seeing Joan alive was wrong. The other witness, Kelly Cordero, died several years ago.