Byline: Josh Stockinger jstockinger@dailyherald.com
DuPage County prosecutors will be allowed to have a mental health expert interview a woman charged in the November slashing death of her 4-year-old daughter, a judge ruled Monday over the defenses objection.
Attorneys for Marci Webber, 43, said the exam anticipated sometime in the next two weeks is premature because they havent decided yet whether to raise an insanity defense. In an attempt to address that concern, Judge George Bakalis ruled the results would be admissible only if Webber claims mental incompetency.
Also on Monday, Assistant Public Defender Tony Coco revealed in court that Webbers attorneysare looking into a potential defense other than insanity. He declined to elaborate, but described the strategy as "ranking first" of possible defense tactics at this point.
"Im not saying were never going to change our minds," he said. But, "right now, its wildly unreasonable to assume anything the defense is doing."
Webber, of East Nassau, N.Y., is accused of nearly beheading 4-year-old Magdalene "Maggie" Webber on Nov. 3. The two had been staying at the Bloomingdale townhouse of Webbers mother. Prosecutors have said Marci Webber later told police she slashed the girls throat to protect her from the Internet sex trade.
Prosecutors say an expedient mental examination would provide a better picture of Webbers mental state at the time of the killing. Until Monday, Bakalis had agreed to delay the exam due to the defenses concerns.
If Webber refuses to cooperate in the interview, Coco said, she could be barred from using expert testimony regarding her sanity.
Webber, who is charged with first-degree murder, remains in the county jail on $5 million bond. She returns to court Feb. 7.
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