Judge to Decide Albert Church Case

Judge Allan Lolie will decide whether Albert Church is guilty of delivery of a controlled substance under an accountability theory.

The judge heard brief statements from State's Attorney Bryan Kibler and from defense attorney Bill Totten during a stipulated bench trial Wednesday afternoon. He will now review a copy of a DVD of an interview of Church by authorities and other evidence before deciding the case.

Both sides agreed that Church had some involvement in connecting Jessica James with Jay Miller, who was found guilty earlier this year of providing James the heroin that led to her death. Totten acknowledged that Church provided James the information that Miller could supply her with heroin, but said the information came after a series of phone calls from James over a period of a couple of days, seeking the drugs. Totten said, eventually, Church said, "I have someone you can call". Totten said Church didn't transport James to pick up the drugs, didn't go to Decatur to buy the drugs, and didn't solicit James to get her to buy drugs.

The prosecution had a different point of view. Kibler contended that Church aided Miller and James in the incident, adding that , "the offense wouldn't have occurred if he (Church) hadn't gotten the dealer and the addict together."

Judge Lolie said at the end of the proceeding that "this is a little different accountability theory", so he plans to do his own research as to the issue and view the DVD of Church's interview before rendering his verdict. The judge tried to view the DVD prior to Wednesday's trial, but the equipment in the office at the County Government Center didn't work so he planned to view the DVD at home.

Judge Lolie said he would announce his verdict in a hearing at 1pm on Monday, September 22.