By Dan Rozek
The Chicago Sun-Times
CHICAGO — Robert Meza already is serving a 45-year prison term for murder, but a DuPage County judge ordered him jailed Wednesday for contempt after he refused to testify against a reputed gang member charged in the same 2007 killing.
DuPage County prosecutors, however, still hope to use information Meza allegedly provided earlier to police to help convict his suspected gang associate, 21-year-old Antonio Aguilar of Joliet.
Citing Meza’s refusal to testify, prosecutors are seeking to use as evidence a videotaped statement he gave to police in which he implicated Aguilar in the fatal shooting of a Berkeley man.
“The defendant should not now be allowed to benefit from engaging in street gang-related violence with a fellow gang member who has been justly convicted and now makes himself unavailable as a witness out of loyalty or fear,” DuPage County State’s Attorney Joseph Birkett said in a written motion.
Judge George Bakalis scheduled a hearing for next month to determine whether Meza’s statements to police can be used against Aguilar at his bench trial for the murder of 22-year-old Lorenzo Salazar-Cortez.
Salazar-Cortez — who authorities say was not in a gang — was gunned down in an Addison apartment Sept. 15, 2007. Authorities allege Aguilar and Meza staged the bungled attack that was supposed to target rival gang members.
Aguilar’s attorney said he likely will oppose the efforts by Birkett to use Meza’s videotaped statements. “I don’t think he has a meritorious claim,” defense attorney Bradley Harris said.
During his taped interview with Addison police, Meza repeatedly told investigators he can’t talk about the killing without risking his own safety.
“I’m going to be dead, too,” Meza said at one point, according to the motion filed by prosecutors.
For his part, Meza faces an open-ended sentence if he is found to be in contempt of court. He already is required to serve the entire 45-year prison term imposed for his role in the murder of Salazar-Cortez.
Copyright 2010 Chicago Sun-Times, Inc.