A Tinley Park man jailed for nearly five years while awaiting trial on charges he bludgeoned his wife to death with a weight-lifting bar on the front lawn of their home wants a police report kept out of his case, but the judge wouldn't go along with him.
An attorney for 51-year-old Bahaa Sam argued to keep the report out during an evidentiary hearing Tuesday.
Sam was charged with beating his wife, Nermeen Sam, to death with a weight-lifting bar in December 2012. The couple's then 4-year-old son witnessed the brutal beating on the front lawn of the family's Silverside Drive home, a prosecutor said during a prior court hearing.
On Tuesday, one of Sam's attorneys objected to allowing a two-page supplemental report from the lead investigator with the Tinley Park police into the case, claiming the report was filed late.
The judge denied the motion to supress the report.
“We were trying to argue whatever evidence that was found in the late reports shouldn't be allowed in the trial,” said defense attorney Neil Patel.
Patel added that Sam had previous lawyers who did not originally have access to the information in the report and that several motions have been filed in the case before the report was available. Sam's new lawyers from onto the case in December of 2015 when his previous attorneys withdrew.
Patel added that the hearing was mainly a procedural issue. A judge will decide what information in the report will be admissible in a trial. Once the issue is resolved, there will be further investigations by attorneys and the case will be set for trial, although there is no set timeline yet.
In January 2016, the defense filed a motion to reduce Sam's bond from $5 million to $1 million, but Judge Amy Bertani-Tomczak denied the motion. A trial date was set for August 28 of this year, according to court records, but the trial was delayed due to the defense filing multiple motions, one of which was to provide a translator who speaks Arabic in an Egyptian dialect.
On Tuesday, there will also be a hearing to address which Tinley Park records clerk will come in to explain how the report was submitted late.