Physician Finds Gilbert Fit to Stand Trial

The trial of John Gilbert, accused of shooting and killing fellow employee Jason Dragos in 2009, remains on track to begin Nov. 1 after defense attorneys Thursday withdrew .

In the motion, Gilbert’s defense team argued that he suffered from a physical condition that made sitting painful, impairing his ability to concentrate to the point that he could not assist his attorneys with trial preparations. Gilbert’s lawyers also noted in the motion that he was taking psychotropic medications to alleviate his pain.

At the defense’s request, Judge George Bakalis appointed Joliet neuropsychologist Dr. Michael Gelbort to assess the defendant’s fitness to stand trial.

“We are withdrawing our motion for a fitness examination,” defense attorney Jed Stone told Bakalis Thursday afternoon at the DuPage County Courthouse. “Dr. Gelbort has found Mr. Gilbert fit to stand trial.”

Stone also told the judge that Gilbert has been refusing to take some of the medications in question since Oct. 5.

“Do you feel that has improved your condition?” Bakalis asked Gilbert.

“Yes, your honor,” he responded.

Stone said Gilbert was continuing to take Effexor, the brand name for the anti-depressant drug venlafaxine. However, Stone said his client had stopped taking Seroquel, the brand name for the drug quetiapine, which also can be used to treat depression in conjunction with other medications.

Prosecuting attorneys had been prepared to oppose the defense motion by showing video in court of Gilbert using the gym at the DuPage County Jail. Prosecutor Mike Pawl told Bakalis that jail logs also indicate Gilbert had used the gym every day for the past two weeks.

Bakalis accepted Pawl’s request to submit the videos and jail logs as exhibits, along with jail phone records.

Stone asked the judge to not make Dr. Gelbort’s report part of the public record of the case and prosecutors did not object.

“I have no problem sealing the exhibit,” Pawl said.

Pawl asked the court to order Gilbert to submit to fingerprinting of his fingertips. Stone argued against the request, noting that the case was two-and-a-half years old and Gilbert had been fingerprinted at least twice.

“I can’t imagine why on the eve of trial they need a fingertip [print,] and we object,” Stone said.

Pawl said the request came from a lab and Bakalis agreed to the fingerprinting.

Gilbert’s next court appearance is scheduled for Oct. 20 for a motion in limine, in which prosecutors will outline their case to the judge and ask him to allow certain evidence to be presented to a jury.