Second Trial to Begin in Drug Overdose Death
Gordon, Tony, Daily Herald (Arlington Heights, IL)
Byline: Tony Gordon Daily Herald Legal Affairs Writer
The stage is set to begin the trial of the second person charged in connection with the 2002 drug overdose death of a 19-year-old Barrington woman.
Lake County Circuit Court Circuit Judge James Booras on Wednesday rejected an effort by an attorney for Paul Hoerer, 29, of Algonquin, to throw out a criminal sexual assault charge against Hoerer. Both sides said they were prepared to begin selecting jurors Tuesday.
Nicole LeVin died of a methadone overdose May 27, 2002, at a party hosted by Joshua Boand, now 28, and attended by Hoerer and a now-25-year-old Kildeer woman.
Boand was enrolled in a methadone program to overcome heroin addiction, but a jury found him guilty in February of drug induced homicide for giving some of his methadone to all three guests at his Barrington apartment.
Boand, who was also convicted of involuntary manslaughter and the criminal sexual assault of the Kildeer woman, was sentenced to 20 years in prison in April.
Assistant State's Attorney George Strickland said Hoerer is charged with involuntary manslaughter for failing to call for help when it was clear LeVin was in trouble, delivery of a controlled substance for giving her a Vicodin tablet the night before she died and criminal sexual assault for having sex with her when she was under the influence of drugs and unable to give consent.
Hoerer's attorney, Scott Sherwin of Chicago, said his client is not guilty of the charges.
"This is a tragic drug overdose," Sherwin said. "I am not going to pass judgment on the culpability of Mr. Boand, but Paul Hoerer is simply another victim in this case."
According to police and testimony at Boand's trial, the four people gathered at Boand's residence with the intention of obtaining some cocaine that LeVin wanted.
After all four consumed the methadone Boand provided, Boand and the Kildeer woman went to Chicago to trade some marijuana Hoerer had provided for the cocaine. …