Jury can hear threats by suspect in family’s murders, judge rules
BY DAN ROZEK Staff Reporterfirstname.lastname@example.org March 29, 2013 12:38PM
Updated: May 1, 2013 3:21PM
Jurors will hear threats Johnny Borizov allegedly made against a Darien woman weeks before she and her husband and son were shot to death, but not a more explosive statement the husband made about his worries of Borizov “shooting up the place.”
DuPage County prosecutors sought to have all the so-called hearsay statements from Lori Kramer and her husband, Jeffrey, allowed as evidence when Borizov stands trial next month for their slayings.
The Kramers, along with their 20-year-old son, Michael, were gunned down in their home on March 2, 2010 during a child custody dispute between Borizov and the Kramers’ daughter, Angela.
Borizov, 31, is charged with arranging the 3 a.m. shooting spree in what prosecutors allege was an attempt to gain sole custody of his then-13-month old son.
Angela Kramer also was targeted by admitted gunman Jacob Nodarse, authorities have said, but survived the attack by hiding in a closet.
Nodarse has pleaded guilty but mentally ill to killing Jeffrey Kramer and is expected to testify against Borizov, a former friend he claims persuaded him to carry out the killings.
Prosecutors wanted the so-called hearsay statements from Jeffrey and Lori Kramer allowed as evidence to bolster their case against Borizov, who has denied any involvement in the slaying.
Among the statements Judge Daniel Guerin allowed at trial was an alleged threat Borizov made in late 2009 to harm Lori Kramer.
“He said, “I’m going to hurt you,’” Dana Pauley quoted co-worker Kramer as saying after a conversation with Borizov.
Jurors will hear that Lori Kramer purportedly told her mother Borizov had threatened her during a phone call, telling her “I hate you, bitch. You will never see your grandson again.”
Kramer’s response to Borizov also will be given to jurors: she called him a “psychopath,” Kramer’s mother, Joyce Tamburino testified at an earlier hearing.
But the statement purportedly made by Jeffrey Kramer that he fears a shooting attack by Borizov won’t be allowed as evidence because it’s not based on any specific threats, Guerin ruled.
“It’s a statement of Jeffrey Kramer’s thoughts, worries; it’s not a statement of Johnny Borizov himself,” Guerin said.