An Illinois appellate court ruling overturning the murder convictions of three executives in the cyanide death of one of their employees was called a "success" by the attorney for a Sandy businessman, who was also charged charged with murder.
Michael T. MacKay is still wanted in 49 states on a fugitive warrant and was wanted in Illinois to be tried on criminal charges. Gov. Norm Bangerter and former Gov. Scott M. Matheson both refused to extradite MacKay.The case stemmed from the 1983 death of Stefan Golab, 61, a Polish immigrant who worked at the Film Recovery plant in Elk Grove, Ill., where cyanide was used to recover silver from used X-ray film. He collapsed at work after complaining of dizziness and nausea. His death was attributed to cyanide poisoning.
"We don't know what he died of. It may have been a heart attack, it may have been cyanide poisoning," said MacKay's attorney, Richard B. Ferrari.
Steven O'Neill, president of Film Recovery, Charles Kirschbaum, plant manager, and Daniel Rodriguez, foreman, were convicted of murder in 1985.
MacKay was a vice president of Film Recovery at the time of Golab's death.
"We're pleased with this. It's our position that the charges against the other defendants were unfounded. The court noted that the Film Recovery Inc. liability had to be based upon some act," Ferrari said.
"As to Mr. MacKay, the court noted that the record contains no evidence of any conduct of Michael T. MacKay either in his association with Metallic Marketing or as a director of Film Recovery, other than to possibly have given direction to Debrah Sadzeck, but no testimony establishes what such orders might have been," Ferrari continued.
"This is a recognition by the court of appeals that there simply was no involvement by Mr. MacKay in the corporation of Film Recovery plant which could have possibly given rise to criminal liability by anyone and least of all by him," Ferrari said in a telephone interview.
Ferrari said the state could appeal the ruling to the Illinois Supreme Court, could retry the case or could simply dismiss the prosecution.
"Moreover, although we have determined evidence in the record is not so insufficient as to bar retrial, our determination of the sufficiency of the evidence should not be in any way interpreted as a finding as to defendants' guilt that would be binding on the court on retrial," a paragraph of the ruling reads.
Francine Giani, Bangerter's press secretary, said, "The governor turned down his extradition because he was convicted under a new law that needed to be tested. Obviously this proves that both Governor Matheson and Governor Bangerter were correct in their assumptions." she said. "The law had not been tested adequately."
"If they bring this to trial again there's a risk that if he does leave the state he could be apprehended. But the governor said this was good (because it) proves that we were right."
Ferrari indicated "it's certainly good news for us to have these convictions reversed because it gives even less credence to the charges against Mr. MacKay."