Will County judge considers alternate suspect in Lockport double homicide case – Shaw Local

A Will County judge will consider whether defense attorneys can present evidence of what they believe is another suspect in a double murder case in Lockport.

At Friday's court hearing, attorneys in the case of 30-year-old Anthony Maggio of Crestwood argued over what evidence they wanted to present in court. During the hearing, Will County Judge Amy Bertani-Tomczak also banned any photography of the proceedings, including photos of Maggio, his attorneys and prosecutors.

Maggio is accused of the premeditated murder of his young daughter Hazel Bryant in 2020 and the premeditated murder of her mother Ashtin Eaton (32), with whom he had a relationship.

Prosecutors allege Maggio staged her mother's death to make it look like a suicide. Prosecutors said traces of Maggio's DNA were found under Eaton's fingernails, on the neckline of her shirt and on a knife nearby. Although Eaton had a wrist severed, prosecutors said she died by strangulation. Her young child died by suffocation.

According to prosecutors, the motive for the murders was a dispute between Maggio and Eaton over the payment of child support for Bryant.

Maggio's trial is scheduled for September 30. Another pretrial hearing is scheduled for August 28.

Michael Clancy, one of Maggio's attorneys, asked Bertani-Tomczak to allow them to introduce evidence of another suspect in the case, who they said was Eaton's ex-husband. Prosecutors objected because DNA evidence – and other evidence – clearly pointed to Maggio as the perpetrator.

Clancy argued that the DNA evidence consisted of “mixtures of multiple males,” some of whom were unknown. He said Eaton's ex-husband had experienced a domestic violence incident in 2011 in which she was the alleged victim. Clancy claimed there was “ongoing animosity” between them over parenting issues.

Clancy further claimed that Eaton's ex-husband had a “false alibi” about his whereabouts on the day of the murders, which was “shattered” by a neighbor. Clancy said the ex-husband was questioned by police in the presence of his girlfriend.

“I’ve never seen anything like this,” Clancy said.

Clancy argued that the jury should be presented with “the facts, all the facts.”

Will County Assistant Prosecutor Chris Koch said DNA testing in 2023 ruled out Eaton's ex-husband as a suspect. Koch said no threats were revealed in Eaton's ex-husband's text messages to her, the ex-husband has been arrested zero times since 2013 and there have been no arrests related to Eaton other than the 2011 case.

“It surprises me that [Maggio’s attorneys] would state in their application that Anthony Maggio has no violent past,” Koch said.

Koch claimed that text messages from Maggio contained threats against his current fiancée and revealed his anger issues.

Koch denied that a neighbor's testimony about Eaton's ex-husband appeared to “destroy” his alibi. Koch said Maggio's own alibi about his whereabouts on the day of the murders was flawed because he admitted he could leave his fiancée's house without her knowing.

Koch insisted to Bertani-Tomczak that the defense's request to introduce evidence of another suspect was “purely speculative.” He asked the judge to block the evidence because it would “confuse the jury.”

“That would mean that there would be two trials in this case,” Koch said.

Koch mentioned text messages between Eaton and Maggio a few days before the murders in which they discussed child support payments and that Maggio wanted to avoid a trial over the matter.

In a July 30 court document, prosecutors said the last conversation between Maggio and Eaton was about the latter topic, with Maggio complaining about debts. They alleged that Maggio asked Eaton if she “[expletive] him over” during a heated exchange.

Clancy had called it “ridiculous” that Maggio would kill her for this reason, claiming that Maggio had a good job and was willing to make these payments.

Bertani-Tomczak considered the question of another suspect. At the same hearing, the judge granted a motion by the state to introduce evidence against a witness who allegedly told Maggio he would give him $10,000 if he made Eaton “disappear.”

Maggio's lawyers argued that the statement was hearsay and that the prosecution acknowledged that the witness had taken it as a joke.