Judge may allow evidence of affair in Kustok murder trial

October 10, 2013 12:53:27 PM PDT
A judge indicated he's inclined to let prosecutors enter evidence of extramarital affairs at the trial of a southwest suburban man charged with the fatal shooting of his wife more than three years ago.

Cook County Circuit Court Judge John Hynes on Thursday turned down prosecutors' request to also use at evidence of Allan Kustok's money problems, saying he saw no direct evidence linking Kustok's "financial turmoil" to a possible motive behind the allegation he murdered Anita "Jeanie" Kustok.

Prosecutors say Allan Kustok shot his wife Sept. 29, 2010, as she slept in the couple's Orland Park home. He then waited several hours before driving her to Palos Community Hospital.

Hynes set an Oct. 30 hearing to set a trial date.

Allan Kustok entered a not guilty plea in November of 2010. He was arraigned in front of his children, who were standing behind his innocence since their mother's death.

Kustok is the father of former Comcast SportsNet reporter Sarah Kustok and former Northwestern quarterback Zak Kustok. The two, along with Zak Kustok's wife, Nicole, arrived nearly three years ago at the Bridgeview courthouse to find their father dressed in a bright yellow prison jumpsuit and chained at the waist. He remained handcuffed during the hearing.

Kustok maintained he does not know what happened the morning of the shooting.

"Zak, Sarah and Nicole miss Jeannie terribly and love her a great deal. They are in contact with their father on an almost daily basis and have visited him at Kankakee. They intend to stand by their father throughout this process and will be with him until the end. They believe in him and they love him, as well," said Pete Rush, attorney for Kustok's children, in 2010.

The Sun-Times Media Wire contributed to this report.

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