Rousso Asks Dismissal, Claims Unconstititionality

Lawyer for Highland Park teen charged with reckless homicide of 5-year-old says the substance she's charged with inhaling is not legally considered an intoxicant.

Carly Rousso's attorney claims the case is unconstitutional and asked for dismissal.
Carly Rousso's attorney claims the case is unconstitutional and asked for dismissal.

Claiming her rights have been violated, the attorney for a Highland Park teenager charged with the reckless homicide of a five-year-old Highwood girl a year ago asked a Lake County Criminal Court judge to dismiss the case today in Waukegan.

Carly Rousso, 19, of Highland Park was charged a year ago with reckless homicide and aggravated driving under the influence after the car she was operating struck and killed five-year-old Jaclyn Santos-Sacramento, of Highwood, on Labor Day, 2012.

Doug Zeit, the attorney for Rousso, filed his motion to dismiss contending his client’s due process rights under the 14th Amendment of the United States Constitution and the Illinois Constitution were violated.

“The statute is vague,” Zeit said of the law Rouso is charged with breaking. “We are arguing the vagueness of the statute.” Specifically, Zeit contends the substance Rousso is charged with inhaling, Difluorothane, is something which cannot legally intoxicate a person. “It’s not in the statute,” he said of the substance.

The motion prompted Judge James Boras to continue the trial date from Sept. 27 to Nov. 1 while he sorts out the legal issues which include Zeit’s motion and a request to expand media coverage, which is now on a back burner. “When there are substantial issues (like constitutionality) expanded media would take a back seat,” Boras said.

Assistant State’s Attorney Michael Ori had not seen the motion until Zeit filed it in court today. “I have to look at it and see if the (Illinois) attorney general will come into the case under Rule 19,” Ori said.

Any time a lawyer challenges the constitutionality of a case, the Illinois attorney general has the right to join the local state’s attorney to defend the contentions under Illinois Supreme Court Rule 19, according to Ori. He hopes to have that answer by the next status hearing at 9 a.m. Sept. 27 in Waukegan.

Though Zeit’s request has delayed the trial at least a month, Ori stressed the need for a prompt outcome. “I want to keep this case moving along,” Ori said. “There needs to be a resolution.”

Should Boras rule the law is unconstitutional, there will be an automatic appeal to the Illinois Supreme Court, according to Ori. Rousso would have the right to appeal an unfavorable ruling.

When Rousso was indicted, she was charged with two counts of reckless homicide and four for aggravated driving under the influence, all felonies.  A conviction could mean between three and 14 years in jail, according to Ori.

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Chrysa Hubert Cullather September 19, 2013 at 10:49 AM
There is certainly plenty of current medical literature supporting the use of difluoroethane as an intoxicating and lethal substance.
forest barbieri September 19, 2013 at 11:09 AM
While one cannot claim that our legal system is always just. One would hope that the poor little 5 year old that so needlessly lost her life and her parents that will suffer for life will at least have the person responsible for her death put away. It would indeed be an insult to the family, the community and society in general if Carly is to walk away from this like it did not happen or that the life of a 5 year old is so easily taken without consequences!
Eric Lewis September 19, 2013 at 11:30 AM
Forest, well said!
Chnaridr September 19, 2013 at 01:08 PM
Sickening thread to say the least. You may argue all you like about our justice system but it still happens to be about the best there is in the entire world. Further, you condemn this person in the court of public opinion without due process, knowledge of the entire facts of the case or proper knowledge of the law. This is not about a priviledged teen ager killing an innocent child without malice. This is a pure tragedy in our community that involves complex issues about a sick person. Believe me Carly Rousso will pay for the rest of her life for her concequences but to sit and condemn her, her legal team and our justice system is just out right wrong and against our constitution. Next thing you know someone will just want to tar and feather this girl at Port Clinton Square. We live in a affluent suburb that suffered a great tragedy, act like you are affluent and acknowledge that fact...please.
Walter White September 19, 2013 at 01:43 PM
It's always funny to see people get mad at defense attorneys for doing their job.
Stu Pidasso September 19, 2013 at 01:46 PM
BOB- WTF was that- what about all of the innocent people that are locked up. " the best there is in in the entire world?" Act affluent, How? I'd say this thread is sickening with comments like this.
Chnaridr September 19, 2013 at 02:05 PM
So you inhaled a little dust off and now you are an expert of the law and now we can put her away, Stu? In your world perhaps we stone this girl. Perhaps you should practice law WITH benefit of education.
Jackie Tucker Spindle September 19, 2013 at 10:31 PM
what about that child's rights? She took the life of a child. but what I thought. Mommy and daddy has money. It is sad bc she don't even care that she tool that child's life.
Chilawyer September 20, 2013 at 01:38 AM
Bob Bernstein: "but to sit and condemn her, her legal team and our justice system is just out right wrong and against our constitution." Nonsense, Bob, the Constitution (First Amendment, in case you're unfamiliar with it) gives everyone the right to express his or her opinion of Carly Rousso, her legal team, and the justice system. It's ludicrous for you to say that's against the Constitution. There's no gag order in this case, but if there were, it would apply to the attorneys of record, not the public. Carly Rousso is a stone-cold killer, and she did act with malice as defined by Illinois law. Zeit is free to throw all the hail Mary passes he wants to stall the ultimate outcome -- years of jail time for Rousso -- but they are not going to be received by the Illinois courts.
Benny G. September 20, 2013 at 02:48 AM
Chilawyer, you are embarrassing yourself with your own ignorance. Talk about a disgrace. "A "stone cold killer"...you are out of your mind, sir. I think you could use a few huffs of Dust Off. "Defined by Illinois law," what an embarrassment you are. You have zero clue as to the outcome of this case and less of a clue about the law so put a sock in it...sheesh.
Benny G. September 20, 2013 at 02:51 AM
By its very definition- JUSTICE is the proper administration of The LAW- It is definitely NOT how "chilawyer" views our laws...LOL... That is exactly what separates us from from blood hungry Apes like chilawyer and the rest of you fools and many others that comment here.
Chilawyer September 20, 2013 at 08:22 AM
Benny G, would expect no more from a FOC.
Moe @ the Buck September 20, 2013 at 12:23 PM
Benny G, Benny G! "No, It's Benny Chapstick". Don't let the Chilawyer get you down:( There's only one true Chilawyer.......Harvey L. Wallner. IGUYGUYGUYGUYGUY!
Stu Pidasso September 20, 2013 at 01:29 PM
@BOB, evidently you either did not read my entire post, or quite simply, did not understand the content. It was qouted from Erowid. org NOT MY EXPERIENCE!! Perhaps, you have either hit the pipe real hard when you were younger, or are under the influence of prescribed mind altering substances!! It seems like you are the one that is "chemically incorrect", I will leave it at that.
Benny G. September 20, 2013 at 05:08 PM
Chilawyer, you spew pedantic emotional meaningless swill. Stu, I will answer for Bob- Your post has nothing to do with THE LAW you emotional imbecile.
Social Justice September 21, 2013 at 12:05 AM
Benny G. September 21, 2013 at 12:54 AM
Good post Social. So divide 12 years by 3 lives and he got 4 years per life. Divide that by attorney Zeit and you get 10 years probation, community service, bla bla bla. MA. laws probably similar to Ill. laws so a good example.
Chilawyer September 21, 2013 at 08:40 AM
Benny (FOC -- that's Friend of Carly); you have demonstrated time and again that you are not a lawyer and are incapable of legal thought or non-hysterical recourse, but I'll answer your last point. Judges have discretion in sentencing. There is no jurisdiction whose judges sentence killers on some mathematic precise basis of assigning a certain number of years per victim. Here, Carly killed a little girl, in the other case, the victims were grown, so Carly robbed her victim of almost her entire childhood. There were other injured victims in this case, plus the victims entire family had the horror of seeing her killed. Finally, the courts also consider the culpability of the driver. Carly was not on a country road but on the busiest commercial thoroughfare of a city of 30,000 people. If she had been another 1/2 mile east she could easily have killed five people and injured 20. You are a FOC, so you are the one whose postings are impaired by irrational emotion. Carly will go to prison for years; I won't try to predict how many.
Chilawyer September 21, 2013 at 04:44 PM
Benny G, the other huffing while driving news story did not involve "MA. laws" as you wrote above. The crime occurred in Cambridge, Illinois, not Cambridge, Massachusetts, and was reported by the Peoria Journal-Star. So before you cast schoolyard slurs like "imbecile" contemplate your own wretched inability to read and process a straightforward news story. Huffing while driving doesn't play in Peoria and it won't play in Waukegan. Carly will go to prison for years.
Walter White September 22, 2013 at 10:57 AM
Stu Pidasso September 22, 2013 at 12:37 PM
Stu Pidasso September 22, 2013 at 12:37 PM
I could not resist
Walter White September 22, 2013 at 12:46 PM
Couldn't resist saying something stupid?
alan donahue September 22, 2013 at 03:14 PM
I'd just like to say what I know everyone here is already thinking. How can it be legal to buy chemicals in a can, but then be illegal to put them into your body through huffing, drive a car over a kid and kill them, and that's illegal? I don't get it! If anything Jaclyn's parents should pursue a wrongful death suit against the manufacturer of the chemicals and the automobile manufacturer. Because as we very well know based on incidents like Sandy Hook, that people don't kill people, inanimate objects like chemicals, cars, and guns are what kill other people. Also, Stu Pidasso and Benny G are the same person.
BUDDY September 23, 2013 at 09:28 AM
alan donahue, is a moron. it says right on the can, only to be used for dusting purposes. was she dusting her face moron. also why sue the company, the can of duster did not run over twice and kill a kid. the spoiled brat drug addict did.
Stu Pidasso September 23, 2013 at 03:18 PM
@ ALAN, sorry dude, I run alone! My name is Stu not "Sybil"
Benny G. September 24, 2013 at 03:23 AM
ChiLawyerDummy, you called Carly a "STONED COLD KILLER."AGGSHSHSHGSAHAHAHAHAHAHAH Talk about irrational hyperbole. Yes ChiLawyer DF, your emotional, idiotic comment was indeed a gem. Here are some other ChiLawyer gems: "The HORROR of seeing her killed; Robbed her victim; she could have easily killed 5 people and injured 20; and you accuse me of "irrational emotion"...LOL Your "prediction" of her going to jail "for years" is more irrational hyperbole. As I said, 3 lives garnered 12 years...I have no dog in this hunt and wouldn't know Carly if I ran into her...Your a blood thirsty ape with little brain matter to back it up other than all the "HORROR" you so succinctly describe...LOL
Chilawyer September 24, 2013 at 12:46 PM
And you can't even distinguish Cambridge, Illinois from Cambridge, Massachusetts in a simple article published by a Peoria newspaper. You must be huffing every six hours. Stop lying about your relationship with Carly. You are either a family member, friend of the family, or a pathological infatuated admirer of this stone cold killer.
Chilawyer September 24, 2013 at 12:48 PM
Alan Donohue--If it's legal for me to buy ginseng knives, how can it be illegal for me to run them through your body?
Benny G. September 28, 2013 at 12:42 AM
Chilawyer, Ginseng is an HERB dummy- Ginsu knives are what you meant to say, imbecilic buffoon.


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