Lawyer: Nutter Defendant Was Witness, Not Murderer

One of three defendants accused of murdering Highland Park’s Colin Nutter, 20, in June now claims statements he made to police a few days after the slaying should not be used as evidence in his trial now scheduled Nov. 18.

In a series of motions trying to limit the arrows in the Lake County State’s Attorney’s quiver, Daniel Vatamoniuc, 17, of Highland Park is trying to have the statement he made to the police disallowed as evidence as well as eliminating statements made by certain witnesses including a police officer.

Robert Ritacca, the lawyer for Vatamoniuc, has filed eight motions which Judge Victoria Rossetti began hearing Monday in Lake County Criminal Court in Waukegan. If successful, armed robbery charges against Vatamoniuc will be dismissed and a number of potential prosecution witnesses will not be able to testify. The hearing is expected to continue for several days.

After Monday’s proceedings, Ritacca told the Chicago Tribune Vatamoniuc is a witness and not a murderer. Ritacca also claimed during the hearing his client should have had a lawyer or a parent present when he was questioned by police a few day after the crime, according to the Tribune. “He was non-responsive,” Ritacca said in the story. “In fact, he did not even know where he was.”

During the hearing, a video tape of the statement was played before Rossetti. Assistant Lake County State’s Attorney Reggie Mathews countered Ritacca’s theory, according to the Tribune story. “Sure, it’s after midnight,” Mathews said in the Tribune article. “He’s a little tired, sure he is. But you’re going to see he’s coherent,” he added referring to the video.

Vatamoniuc was charged with first degree murder in June along with Benjamin Schenk, 20, of Highwood and Michael Coffee, 17, of Highland Park. Prosecutors said at the time Schenk pulled the trigger while sitting behind Nutter in the victim’s car on Michigan Avenue in Highwood.

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