Back in June, a Kane County judge quashed the arrest of a Geneva man charged with allowing at his home during Homecoming weekend in October 2011.
Now the Kane County State's Attorney's Office has filed a motion to reconsider that ruling, and the next hearing is scheduled for Aug. 20, according to the Kane County 16th Circuit Court website.
Michelle Caruso, the wife of defendant Robert Caruso, said Judge M. Katherine Moran on June 7 , based on an illegal search. That ruling had not been reported on Geneva Patch until now.
“It is hereby ordered defendant Robert M. Caruso’s motion to quash arrest and suppress evidence be and hereby is granted,” Caruso read from court documents.
Notice of a motion to reconsider was filed on July 6, the website indicates. On July 19, Moran presided over a motion and status hearing, where she set the Aug. 20 court date at the Kane County Branch Court on Randall Road in St. Charles.
Michelle Caruso said the family is looking forward to putting the issue behind them, but the past 10 months have been frustrating, because "nobody knows all the facts," she said. "Some of the facts were correct, some were not."
The Carusos' son, Nick, was on Geneva's . Michelle said Nick is attending Miami of Ohio on an academic scholarship, majoring in finance. He might try out for the Miami of Ohio football team as a walk-on and hopes to participate in club volleyball and other extracurricular sports, she said.
for hosting an underage drinking party are rare, and the story has drawn a great deal of local media attention. The citations and charges also at , ultimately resulting in a under city ordinance.
Michelle Caruso wasn't complaining, but she did admit under questions from this media source that the media spotlight, along with the tangential rumors and gossip of a sometimes-still-small town, haven't been a lot of fun.
She also noted that some Geneva Patch commenters came to the conclusion that the Carusos weren't good parents while others suggested that there weren't consequences—other than the fines—for their son or the other youths involved, and she said that simply was not the case.
"At the end of the day, you are upset, you’re shocked, you're sad, and then you’re ready to move on," she said. "Our good friends know we’re not these horrible parents that we were made out to be. It’s so far from who we are and what we are."