McHENRY – More than a year after police found an unresponsive man in the restroom of a McHenry gas station, the man charged with delivering the fatal dose of heroin maintains that jurors indicted him based on “erroneous, contradicting and completely false evidence.”
On March 20, Glen Miculinic will make a court appearance for the first time since a judge denied his request to dismiss the charges alleging that he dealt the heroin that killed a man who police found unresponsive last year. Defense attorney Matthew Haiduk argued Feb. 14 that a grand jury indicted Miculinic, 66, on drug-induced homicide charges based off false testimony from police at the time.
At 7:35 p.m. Jan. 11, 2017, the McHenry County Sheriff’s Office responded to a call from a gas station at 2022 W. Route 120, McHenry, where a person reportedly was in the business’ restroom for about an hour.
Police forced their way into the bathroom and found 55-year-old Erik K. Fredricksen unresponsive. Attempts to resuscitate Fredricksen were unsuccessful, and he was pronounced dead at the scene. He was found with a heroin-loaded syringe, a needle cap, spoon and a shoestring, according to a motion filed Nov. 16 in McHenry County court.
Officers later searched Miculinic’s home in the 1200 block of Clover Lane, McHenry, on the belief that he had dealt the heroin on which Fredricksen overdosed. At the home, investigators found a number of straws with “white, powdery residue,” later found to be cocaine, according to Haiduk’s motion.
During testimony before a grand jury, which has the ability to officially indict a person on the charges filed against them, a McHenry County Sheriff’s detective told jurors that “we found some straws with heroin residue inside,” according to a partial transcript of the testimony.
Haiduk argued that because the man died of a heroin overdose and police only found cocaine in Miculinic’s home, there wasn’t enough physical evidence to formally charge Miculinic with drug-induced homicide – a felony that, if convicted, could land him as many as
30 years in prison. Haiduk went on to say that jurors likely believed the heroin, which wasn’t heroin at all, found in Miculinic’s home was linked to the heroin that killed Fredricksen.
“[The detective’s] testimony led jurors to believe that heroin was found in [Miculinic’s] home, when clearly that was not the case, leading them to believe that [Miculinic] had delivered heroin to the deceased,” Haiduk wrote in the
Nov. 16 motion.
Attorneys agreed that the detective misspoke, but jurors had more convincing evidence to base their decision on, McHenry County Assistant State’s Attorney Michael Combs said in a Dec. 8 response.
“The people presented evidence that Erik Fredricksen died as a result of a heroin overdose. [The detective] testified that he looked through [Fredricksen’s] cellphone and saw multiple calls from an individual named ‘Glen,’ ” Combs wrote in his response. “Further evidence presented to the grand jury was that a third party identified [Fredricksen’s] drug dealer as ‘Glen.’ ”
“Glen,” described by a man who told police he’d driven Fredricksen to “his guy’s” house, also was described as being in his 60s and living in a house similar to Miculinic’s, attorneys said in court Feb. 14.
“How many old guys named Glen are there in McHenry?” Haiduk said during the Feb. 14 hearing, suggesting that the “Glen” in his 60s wasn’t necessarily Miculinic.
McHenry County Judge James Cowlin refused to dismiss the charges, and he said he didn’t believe that the McHenry County Sheriff’s detective misspoke before the grand jury to sway its decision.
Miculinic is due in court March 20. He and his attorney have talked about plea deals, but it wasn’t clear whether an offer is on the table, Haiduk said Tuesday. In the meantime, Haiduk will meet with prosecutors to determine how they’ll move forward.
“We are formulating a plan,” Haiduk said.
Miculinic remained at the McHenry County Jail on Tuesday evening on a $250,000 bond.