Posted by
ticktickok on Wednesday, October 29, 2008 3:11:57 AM
The convicted felon suspected in the slayings of
Oscar-winner Jennifer Hudson's mother, brother and nephew was arrested
after police allegedly found crack cocaine in his car in June, but
authorities declined to return him to prison on a parole violation,
according to documents obtained by The Associated Press.
A
judge dismissed the charge for lack of probable cause in July, but
under the strict rules of the state's parole program, William Balfour
could have gone back to prison just for the arrest.
No
one has been charged in the shooting deaths of Hudson's mother, Darnell
Donerson, her brother, Jason Hudson, and 7-year-old nephew Julian King,
but Balfour has been named as a suspect. Chicago Police Superintendent
Jody Weis said Tuesday he is confident the case will be solved.
Balfour
- Julian's stepfather and the estranged husband of Hudson's sister -
served seven years for attempted murder and vehicular hijacking. Court
records show that in 1998 Balfour stole a Chevrolet Suburban and, with
the vehicle's owner clinging to the top, intentionally rammed it into a
light pole, fence and iron gate.
According to
a Chicago police report, officers pulled Balfour over June 19 after
hearing gunshots and seeing his car moving at a high rate of speed.
Inside the vehicle, police said, they found a rock of cocaine with a
street value of about $100 on the driver's seat.
Balfour's
parole history report indicates a parole supervisor declined to issue a
warrant to revoke Balfour's parole after his arrest for possession of
cocaine.
"Per supervisor ... no warrant," the report reads. "Agent to monitor offender, impose sanctions."
Corrections
Department spokesman Derek Schnapp said officials determined "the
evidence that was presented during that time wouldn't have necessarily
warranted a violation."
Court records do not indicate the reason a judge found no probable cause for the drug arrest.
A
felony arrest usually is enough for Corrections to revoke parole, said
Thomas Peters, a Chicago criminal defense attorney who represents
parolees.
"Even though the criminal case is
dismissed does not mean that you necessarily get a pass on a parole
violation because the standard of proof is much less," Peters said.
Peters
added, however, that officials also would have considered Balfour's
fairly clean record as a parolee and that he apparently still had a
job. In addition, he said, jail and prison overcrowding often play a
role in determining whether parole is revoked.
Donerson,
57, and Jason Hudson, 29, were found in their home Friday afternoon.
The body of Julian, who lived with the other victims, was found in the
back of an SUV on Chicago's West Side on Monday. Authorities declared
his death a homicide Tuesday but would not say how long he had been
dead.
In a message posted on her MySpace.com
page Monday, Julian's mother thanked people for their prayers and said
her son's "lil soul is at ease."
"I take
comfort in knowing that Julian is with my mother and my brother and
most of all the Lord and now he's my angel he's protecting," Julia
Hudson wrote.
Jennifer Hudson, who won a
best-supporting-actress Oscar last year for "Dreamgirls," has thanked
fans for their support on her MySpace page but has been in seclusion in
Chicago.
Around the time the first bodies
were found, Balfour's parole agent had reached him by phone after
Balfour missed a meeting with him that day. Balfour told the agent he
was "baby-sitting on the West Side of Chicago," according to internal
parole records.
The agent said he thought he heard a child in the background during the call. Balfour was taken into custody later Friday.
The
Illinois Department of Corrections issued a warrant for Balfour on
Saturday for violating terms of his parole by possessing a weapon and
failing to attend anger management counseling and a substance abuse
program, according to his parole history report.
Criminal
charges can send parolees back to prison and keep them there even if
the counts are ultimately dropped. A board that reviews such cases
after parolees are sent back to prison relies on a preponderance of the
evidence, a lower standard than in court. The board considers the
violence of the original crime, the parole agent's recommendation, the
arrest report, the parolee's adjustment and his attitude during a
follow-up interview in prison, among other things.
In
Balfour's case, a violation could have sent him back behind bars for a
period as long as the remainder of his parole - until May 2009 - minus
a day off for each day of good behavior. That would have meant a
release date in mid-December at the earliest.
Parole
records also show that a woman at Balfour's home refused to open the
door during an agent's visit on Aug. 27. The woman told the agent
during the 8:30 a.m. visit that Balfour was at work but Balfour's boss
told the agent he wasn't due until noon.
"Agent
heard other people inside the host site and suspected maybe suspicious
activities going on," the report said. "Agent will be following up for
a possible warrant on parolee."
Parolees must
agree to allow agents to visit their homes and consent to searches.
There's no warrant mentioned in following days on the report, which
does note, however, that Balfour passed a drug test.
Schnapp, the corrections spokesman, said the evidence again wasn't sufficient to warrant revoking parole.