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Mario A. Casciaro is an American man who was wrongfully convicted for the 2002 disappearance and presumed murder of Brian Carrick in Johnsburg, Illinois.[1] Brian Carrick’s body has never been found.[2] He was first arrested in June 2007 and charged in McHenry County with nine counts of perjury related to the disappearance of Carrick.[2] He was acquitted by way of a directed verdict during a bench trial in September 2009.[2] He was subsequently arrested in February 2010 and charged with 6 counts of Felony Murder.[2] The state nolle prossed four of the counts and proceeded to trial on the two remaining counts of Felony Murder by Intimidation and Unlawful Restraint.[2] The January 2012 trial concluded in a hung jury.[3] He was tried a third time in 2013 on the remaining count of Felony Murder by Intimidation.[2] In his third trial, he was convicted by a jury after a two-day jury deliberation and sentenced to 26 years in the Illinois Department of Corrections.[4] Casciaro is the only person to have ever been charged with Felony Murder using Intimidation in the history of the United States.[5] Casciaro was also one of 523 people to have ever been brought to trial in a no-body murder case in the history of the United States.[6]
In September 2015, the Second District Appellate Court of Illinois unanimously overturned Casciaro’s conviction for Murder on direct appeal.[5] He was represented by Kathleen Zellner, a prominent attorney who is known for her representation of Steven Avery on Making a Murderer Season 2.[7] The court cited insufficiency of evidence and determined that no reasonable juror could have convicted on the evidence presented by the state.[5] The Illinois Supreme Court affirmed the Appellate court in March 2016.[8]
In March 2017, Casciaro filed a Civil Rights case against McHenry County State’s Attorney Office, Johnsburg Police Department, Village of Johnsburg, McHenry Police Department, and City of McHenry in the Northern District of Illinois, Western Division. [9] [10]Casciaro settled with the McHenry County State’s Attorney’s Office and has a pending suit against the remaining Defendants.[11]
Personal Life
Mario Casciaro is a 2005 graduate of Illinois State University with a bachelor degree in Finance and a minor in Political Science. In 2005, he opened a supermarket in Fox Lake, IL with his family. In 2016, less than a year after his release from Menard Correctional Center, entered law school at Loyola University Chicago School of Law. He graduated Law School in January 2019 with a JD and a Certificate of Advocacy from Loyola University Chicago. During law school, he interned at the Federal Defender’s Program for the Northern District of Illinois; he also clerked for Thomas A. Durkin, a nationally recognized defense attorney specializing in Federal terrorism cases. On November 7, 2019 Mario was sworn in to the Illinois State Bar.[12]
References
- ^ News, A. B. C. "Mario Casciaro Leaves Prison After Murder Conviction Overturned". ABC News. Retrieved 2019-12-02.
{{cite web}}:|last=has generic name (help) - ^ a b c d e f "Mario Casciaro - National Registry of Exonerations". www.law.umich.edu. Retrieved 2019-12-02.
- ^ "Hung Jury In 2002 Murder Case In McHenry County". 2012-02-01. Retrieved 2019-12-02.
- ^ "Guilty verdict in Johnsburg murder". WGN-TV. 2013-04-03. Retrieved 2019-12-02.
- ^ a b c People v. Casciaro, 2015 IL App (2d) 131291
- ^ "No Body Cases". www.nobodycases.com. Retrieved 2019-12-02.
- ^ Minutaglio, Rose (2018-10-31). "Steven Avery's Attorney Kathleen Zellner Knows the 'Making a Murderer' Story Isn't Over Yet". Esquire. Retrieved 2019-12-02.
- ^ "Court denies appeal of reversed conviction". Jacksonville Journal-Courier. 2016-04-01. Retrieved 2019-12-02.
- ^ Reil, Jordyn; EmailFollow. "Shane Lamb sues law enforcement, Johnsburg for damages in grocery store murder case". www.nwherald.com. Retrieved 2019-12-02.
- ^ Casciaro v. Von Allmen, Case No. 17 CV 50094 (N.D. Ill. Aug. 23, 2018)
- ^ Reil, Jordyn; EmailFollow. "Mario Casciaro settles lawsuit with county for $50K in Johnsburg grocery store murder case". www.nwherald.com. Retrieved 2019-12-02.
- ^ "Mario Casciaro: From Being Convicted And Exonerated To Passing Bar". 2019-10-07. Retrieved 2019-12-02.
Mario Casciaro
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