Kane County attorney can’t defend  Aurora man charged in child’s murder

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Miguel Hernandez Jr. / Photo from Elgin police

Updated: January 17, 2012 8:18AM

ROLLING MEADOWS — An Aurora gang member accused of firing several shots into a car full of women and children, killing 5-year-old Eric Galarza Jr. of Elgin, will have to defend himself without the help of his first choice as a defense attorney.

Cook County Judge Kay Hanlon ruled Wednesday that Elgin attorney Liam Dixon has too much of a conflict of interest to be allowed to defend Miguel Hernandez Jr. Hernandez is charged with first-degree murder, attempted murder and aggravated discharge of a firearm in the Oct. 7 shooting, which took place in the Galarza family’s driveway on Elma Avenue on Elgin’s northeast side.

Standing in a yellow Cook County Jail jumpsuit, Hernandez said he would waive any objection to such a conflict of interest. But Assistant State’s Attorney David Weiner argued, and Harmon agreed, that Dixon should be disqualified because he also defended the Galarza boy’s father, Eric Galarza Sr., when the elder Galarza was charged with shooting up two Elgin homes 10 years ago.

Eric Galarza Sr., who police say also has a history of gang involvement, was in the car with his children, wife and other relatives when Hernandez allegedly shot at it in October. Galarza Sr. is believed to have been Hernandez’s true target.

Dixon told the judge that after 10 years, he can’t even remember any of the specifics of the 2001 Galarza case. But Weiner told the judge that because Dixon may have learned about “Mr. Galarza’s past bad acts and his gang affiliations” while serving as his attorney 10 years ago, and because he can’t ethically disclose what he learned in that way because of attorney-client privilege, Dixon would not be able to effectively cross-examine Galarza Sr. when Galarza goes on the witness stand in Hernandez’s trial.

“If there is this conflict, the appellate court would reverse a conviction, and that is what concerns me,” Hanlon told Hernandez.

Hanlon then ordered the Cook County Public Defender’s Office to appoint a free attorney to represent Hernandez and to have his case arraigned as soon as possible. But Public Defender Rachael Baker, who happened to be in the courtroom, said every public defender working out of the Rolling Meadows courthouse also has a conflict of interest. She said she is representing Galarza Sr. in a separate case in which he is accused of aggravated battery against a man in the Cadillac Ranch nightclub in Bartlett, and the other public defenders have seen a video related to that case. Galarza is awaiting trial on the battery charge.

Hanlon then called a recess while Baker arranged for a lawyer from another branch of the public defender’s office, who has not had contact with Galarza, to represent Hernandez. Hanlon then scheduled an arraignment, at which Hernandez is expected to enter a plea, for Dec. 21.

In the 2001 shooting case in which Dixon participated, Galarza and Dixon negotiated a guilty-plea agreement, and Galarza was sentenced to nine years in prison, although he was paroled early.