Will County judge dismisses second suspect in Lockport double murder case – Shaw Local

A Will County judge ruled a defense request for an alternate defendant in a Lockport case involving the murder of a woman and her young daughter was too speculative to present to a jury at the upcoming trial.

On Wednesday, Judge Amy Bertani-Tomczak denied a request by attorneys for 30-year-old Anthony Maggio of Crestwood to show jurors that there is another suspect in the Oct. 2, 2020, murder of Ashtin Eaton, 32, and her young daughter Hazel Bryant.

Maggio is scheduled to go on trial for the murders on September 30.

Maggio's lawyers argued that Eaton's ex-husband should be considered as another suspect. Among the lawyers' arguments for him being a suspect was his 2011 arrest on domestic violence charges in which Eaton was the alleged victim.

“I think that this is a long time ago in relation to the murders,” said Bertani-Tomczak.

Bertani-Tomczak said Maggio's lawyers need to present evidence that goes beyond mere speculation or mere suspicion, which she said they failed to do when they claimed Eaton's ex-husband was another suspect.

However, Bertani-Tomczak denied the defense's motion without prejudice, giving Maggio's lawyers the opportunity to resubmit their motion before the trial begins.

Will County Assistant Prosecutor Chris Koch told the judge Wednesday that he expects the case to last until at least Oct. 9. Both sides in the Maggio case plan to meet again for a hearing on Sept. 20.

Maggio is charged with the premeditated murder of Eaton, with whom he was in a relationship, and the premeditated murder of her daughter Hazel.

Prosecutors alleged that Maggio strangled Eaton, but then claimed her death was a suicide by slitting her wrists with a box cutter. They also alleged that Maggio suffocated Hazel.

Prosecutors alleged that Maggio was motivated to commit the murders by his dispute with Eaton over her demand for child support.

Maggio's lawyer, Michael Clancy, claimed it was “ridiculous” that Maggio committed the murders only because he had a good job and was willing to make the payments.

Koch told Bertani-Tomczak that he did not intend to call any experts to testify that Eaton's death was faked as a suicide.

“We are going by the evidence in this case,” Koch said.

Koch said they also plan to argue, based on “reasonable conclusions,” that Eaton's death was staged.

Will County Assistant District Attorney Ashley Kwasneski said at the Aug. 16 court hearing that Maggio's case was a “very DNA-heavy case.”

Prosecutors claimed Maggio's DNA was found on the neckline of Eaton's shirt, under her fingernails and on a box cutter near her body. They said DNA testing in the case ruled out Eaton's ex-husband.