As attorneys prepare to argue the United States and Illinois constitutions issues, the trial of Carly Rousso, 19, of Highland Park on charges related to the death of a five-year-old girl over a year ago was continued until at least Dec. 13 today in Lake County Criminal Court in Waukegan.
Rousso is currently charged with four counts of aggravated driving under the influence and two counts of reckless homicide in the Labor Day, 2012, death in downtown Highland Park of Jaclyn Santos-Sacramento, 5, of Highwood. The crash also injured members of Jaclyn’s family.
Doug Zeit, Rousso’s lawyer, asked Judge James Booras to dismiss the driving under the influence claims Sept. 18 arguing the law under which the Highland Park teenager was charged is unconstitutionally vague because the substance she inhaled, diuflorthane, is not considered an intoxicant under the law.
Before Booras scheduled a hearing on the motion, he needed to know whether Illinois Attorney General Lisa Madigan would intervene in the case. She has that right under Illinois Supreme Court Rule 19 when the state’s constitution is challenged. She will not.
“I spoke with the attorney general’s office and the attorney general has decided not to intervene in this case,” Assistant Lake County State’s Attorney Michael Ori said to Booras. “The people are satisfied with this.”
With that Booras scheduled a hearing to determine the constitutionality of the law at 9 a.m. Nov. 12 giving Ori and Zeit time to prepare the necessary written arguments. He also set a new trial date Dec. 13.
The trial could be further delayed depending on the outcome of Booras’s ruling. Should he rule the law unconstitutional, there is an automatic appeal to the Illinois Supreme Court, according to Ori. Should the judge uphold the law, Rousso could appeal.