18-Feb-17 – Statements a former Chicago condo lawyer, now accused of murder, made to police are in a state of suspense as a Circuit Court judge considers arguments that concluded on Friday.

Dr. Donnie Rudd, (left) who co-wrote the 1983 amendments to the Illinois Condominium Property Act, is accused in the 1973 murder of Noreen Rudd, a cold case that was reopened in 2012. Police suspect that Dr. Rudd struck his wife of just 28 days in the head and staged the death to look like a traffic accident.

Judge Marc Martin must decide if Rudd’s waiver of Miranda rights, when he spoke with investigators in 2013, was valid given that he did not know an arrest warrant had been issued. Rudd has said he would not have cooperated if he had known about the warrant.

At a hearing in Rolling Meadows on January 5, Arlington Heights Police Sergeant Richard Sperando said they had an arrest warrant just in case Rudd did not come in for questioning voluntarily.

Cook County Assistant State’s Attorney Maria McCarthy said on Friday that at the time Rudd was speaking with Arlington Heights police over two days in 2013, the government was still investigating the case and its role with Rudd was not adversarial. She agreed with Judge Martin that the warrant was “an investigative tool.” “Approval on the arrest warrant does not mean the suspect has been charged,” said McCarthy (right). “It’s a two-step process.”

Martin, noticeably annoyed, says prosecutors should have told the judge who signed the arrest warrant that it was only going to be used if Rudd did not cooperate.

“This case is not your typical case,” said Martin (left). “Out of respect for the judge, what would be so wrong with telling the judge the warrant might not be executed? You’re drawing the judge into the investigative process. Why can’t you tell the judge that? It could have taken ten seconds.”

McCarthy tried to reassure Judge Martin about prosecutors and arrest warrants. “When we’re charging someone with a crime, that could destroy someone’s life, they take it seriously.”

Martin says he will decide on the motion by March 13.

Rudd was released from custody last September after posting a $4 million bond. He is staying in the Chicago area and is being treated for health issues including cancer.