Safe-T Act

Attorney wants man accused of killing teen in 1972 released under SAFE-T Act rules

"I think he is there for a reason. He needs to stay there until a court determines him guilty or not guilty."

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The case baffled suburban investigators for decades, ever since 15-year-old Julie Ann Hanson was found stabbed to death in a field near 87th Street and Modaff Road in Naperville in 1972.

Nearly five decades later, investigators experienced a breakthrough in the case, with authorities arresting Barry Lee Whelpley in 2021.

Police say that DNA evidence linked him to the case, and he was charged with three counts of first-degree murder.

His bond was set at $10 million, and he remains in custody at Will County jail.

That bond, however, could potentially be changed. New rules under Illinois' "SAFE-T Act" are going into effect, with judges being given discretion on whether individuals should be detained pretrial for violent crimes, and Whelpley's attorney is arguing that he should be released prior to his trial.

Under the new system, instead of posting cash bail, judges will use established criteria to determine whether an individual is a threat to a person, or to the public at large, when deciding whether to hold them pretrial.

Whelpley’s defense attorney, Terry Ekl, recently filed a motion to vacate his bail, telling NBC- 5 that under provisions of the new SAFE-T Act – to deny his client’s release – the prosecution must convince the court Whelpley is a present danger to an individual or the community. He goes on to say in a statement:

"He’s been charged with a murder which took place almost 50 years ago. Whelpley is 78 and there’s no evidence he’s engaged in any recent criminal conduct. Consequently, the prosecution cannot establish he’s a present danger to the community and is entitled to be released," Ekl said.

Peggy Thompson, who was neighbors with Hanson, says the crime haunted her community, changing people and how they lived in the community. She wants Whelpley to stay in jail.

“I think he is there for a reason,” she said. “He needs to stay there until a court determines him guilty or not guilty.”

The issue is set to be argued before a Will County judge later this month.

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