Barry Lee Whelpley's attorney, Terry Ekl, argued that because of the new SAFE-T Act, which eliminated cash bond, Whelpley should be free while he awaits trial. He hoped return to Minnesota, where he has lived for the last 40 years with his wife.
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"He's almost 79 years old. He wanted to return to his home, but it's just not gonna happen," Ekl said.
Naperville police tracked down Whelpley in 2021 after finding his DNA through a relative and matching it to DNA they found where Hanson's body was discovered, in what was then a cornfield on 87th Street in 1972.
SEE ALSO | Julie Ann Hanson murder: Barry Whelpley, man charged in Naperville girl's 1972 murder, extradited
She had been riding a bike to a baseball game when her killer sexually assaulted her, then stabbed her 36 times. While it was a cold case for nearly 50 years, Naperville police, as well as Hanson's friends and family, never gave up.
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"She was very personable, a very sweet girl. She was only a couple years older than us, but she babysat some of the kids in the neighborhood," said Peggy Thompson, the victim's former neighbor.
In court on Tuesday, prosecutors argued that letting Whelpley go free would be a danger to the community and to witnesses who have cooperated with police. Ekl, however, argued that Whelpley is in poor health, and has had no contact with police for the last 40 years until his arrest on the murder charges. Nevertheless, Whelpley will remain behind bars.
"A crime as serious as this, it's difficult for a judge to release someone from custody," Ekl said.
Whelpley has 14 days to decide whether to appeal his detention before the trial. That trial on the murder charges is expected to happen early next year.