A McHenry County judge on Tuesday denied a defense motion to dismiss charges against a Lake in the Hills man accused of stealing $225,000 from his mother-in-law.
Authorities have charged Michael W. Greer, 46, with felony exploitation of an elderly person and forgery, saying Greer used his position of authority over his now-deceased mother-in-law to get access to her money.
Greer's attorney, Thomas Loizzo, has said a police investigator misled grand jurors when he testified Greer held power of attorney over his mother-in-law.
Instead, Loizzo says, Greer's mother-in-law lent him the money for his business - making the case a civil rather than a criminal matter.
But Judge Sharon Prather disagreed, saying the grand jury would have returned an indictment against Greer even without being told he held power of attorney.
"I respect her decision," Loizzo said. "I violently disagree with it."
The Woodstock attorney said the information presented to the grand jury could become an issue if the case goes to appeal.
McHenry County State's Attorney Lou Bianchi said Loizzo should bring up any issues he has with the indictment at his client's trial.
"We're satisfied and look forward to going to trial," Bianchi said.
A hearing is set for Feb. 4 on a prosecutorial motion to admit testimony from Greer's mother-in-law.
"There's a statutory exception to get in hearsay evidence she made," Assistant State's Attorney Ryan Blackney said. "The motion is to get that evidence admitted."
Loizzo argues the evidence should be excluded because Greer had no opportunity to cross-examine her before her death.