JOLIET – The Homer Glen attorney accused of trying to hire out his wife’s killing from the Will County jail can’t subpoena an informant’s psychiatrist, a judge ruled Tuesday.
Robert W. Gold-Smith, 53, who is representing himself on solicitation of murder charges, wanted to use Brian K. McDaniel’s psychiatric records at his upcoming trial. McDaniel, who has an extensive criminal history, wore a wire for Will County sheriff’s investigators when he and Gold-Smith were locked up in jail.
In November 2010, Gold-Smith‘s then-wife sought an order of protection after he grabbed her by the hair and punched her in the face as they walked out of a courtroom, police said. He has been locked up since March 2011 for violating that order of protection and began approaching jail inmates to have her killed, according to prosecutors.
Will County Assistant State’s Attorney Adam Capelli said it’d be up to a jury to weigh McDaniel’s account of what happened five years ago, but Gold-Smith argued the records validate how McDaniel should be characterized.
“You’re forgetting. ... I’ve reviewed your psychiatric records [at your request],” Judge Daniel Rozak told Gold-Smith. “Your motion [on what’s in McDaniel’s] sounds familiar – bipolar, prior acts of violence, drug abuse, alcohol.”
“If you really want to go down this road [to get them in], what’s good for the goose is good for the gander,” Rozak said.
After the judge denied the motion, Gold-Smith said he would offer additional evidence next week to support his argument.
Gold-Smith also believes the jail staff have had doctors change his medication to “sabotage his case.”
“I’m not a medical doctor. What do you want me to do?” Rozak asked.
“Be patient with me,” Gold-Smith said, indicating his “recall and ability to be assertive [have been] compromised” from the change in medication.
“I think I’ve been very good at my patience with you, Mr. Gold-Smith,” Rozak said.
“I could say the same, judge,” Gold-Smith replied.