Former Cook County Assistant State’s Attorneys Nicholas Trutenko, left, and Andrew Horvat listen during an evidentiary hearing on the fourth day of their trial on misconduct charges related to the Jackie Wilson prosecution at the courthouse in Rolling Meadows, Nov. 7, 2023.
Trutenko is accused of lying on the stand during Wilson’s 2020 retrial about details and conversations surrounding a relationship with a critical witness. Trutenko at the time was represented by then-Cook County assistant state’s attorney Horvat. The appellate court disagreed. During oral arguments held last month, a panel of judges appeared skeptical of Shanes’ ruling and of the arguments by Trutenko’s attorneys that claimed privilege for the longtime assistant state’s attorney, frequently asking about the fact that Fangman was obligated to disclose the conversations he had with Trutenko to his superiors.
“And it is equally a matter of fundamental principle: a government lawyer’s duty is to serve the public’s interests, including its compelling interest in exposing official wrongdoing,” the written ruling stated. “A public official may not use a government lawyer to shield evidence of his alleged wrongdoing in office from the People themselves, as represented by the criminal process.”
Jackie Wilson listens to testimony during an evidentiary hearing on the fourth day of the trial of former Cook County Assistant State’s Attorneys Nicholas Trutenko and Andrew Horvat on charges related to his own murder prosecutions, Nov. 7, 2023. Attorneys for Trutenko did not immediately respond to a Tribune request for comment. Attorney Terry Ekl, who represents Horvat, declined to comment.