A jury began deliberations Thursday in the murder trial of Anthony Maggio, charged in the strangling death of a Lockport woman and allegedly smothering their 14-month-old daughter.
Jurors, who heard testimony from a number of witnesses over eight days, told Will County Judge Amy Bertani-Tomczak Thursday afternoon they are not unanimous on all charges, and asked for guidance. Bertani-Tomczak told the jury to continue deliberating until they all agree.
The case involves the death of Ashtin Eaton and her daughter Hazel Bryant, who were found dead in their South Hamilton Street apartment Oct. 2, 2020, by Eaton’s 11-year-old daughter Jessica.
Jessica Eaton woke up late for school and went to search for her mother, finding baby Hazel face down on a bed surrounded by blankets. In the kitchen, she discovered her mother lying on the floor, covered in blood, with bruises on her skin and cuts on her wrists, according to prosecutors.
“What she didn’t know when she went to bed was that she was going to wake up to her worst nightmare,” Assistant State’s Attorney Ashley Kwasneski told jurors in closing arguments Thursday.
Prosecutors believe Maggio, who was a former co-worker Eaton had romantic relations with, strangled Eaton and staged her death to appear as a suicide, which was initially speculated to be the cause of death, Kwasneski said. Early rumors in the years-long case suggested that Eaton had accidentally caused Bryant’s death and subsequently took her own life, Kwasneski said.
The motive, prosecutors said, is arguments over child support payments.
Maggio met Eaton in 2019 while they were both working at an Amazon facility in Joliet, where Maggio was as an on-site paramedic, prosecutors said.
However, Maggio already had a fiancée, Marcelina Baliczek, and two other daughters, 6-year-old Bella and now 5-year-old Lily, who was an infant at the time Baliczek learned of Maggio’s affair, prosecutors said.
In 2020, Baliczek considered leaving Maggio and discussed child support payments with him, she told the jury Wednesday. Prosecutors said she was concerned that if Eaton filed for court-ordered support first, she would receive a larger amount.
In a text message shared with the jury, Baliczek wrote, “It’s not about the money? I thought you were going over there to keep her mouth shut so she doesn’t demand money.”
To which Maggio responded, “I was going over there to keep her quiet so she wouldn’t say (anything) or try to get money,” according to testimony.
Despite these issues, the two decided to work on their relationship, and for about eight months, Maggio had no contact with Eaton and was not involved in their child’s life, prosecutors said. However, in September 2020 — just 12 days before Eaton and Bryant were killed — Maggio visited Eaton’s apartment and slept with her, prosecutors said.
This led Eaton, who had not previously sought financial support for their child, to discuss child support payments with Maggio. Their conversations resulted in frequent heated arguments, including one just a few days before the deaths, prosecutors said.
Michael Clancy, Maggio’s attorney, argued he had an alibi. Baliczek testified Wednesday that Maggio was beside her when she went to bed Oct. 1 and was still there when she woke up.
While not a perfect alibi because Baliczek went to sleep, Clancy urged the jury to remember that this is “real life” and to use their “common sense.”
While investigators had all of the evidence presented shortly after the deaths in 2020, police did not charge Maggio until 2022, Clancy said. Sitting on the evidence for two years because “that’s all they have,” he said.
However, prosecutors contended Baliczek couldn’t be sure whether Maggio left the apartment, noting she testified she was unaware he had sneaked out to sleep with Eaton just 12 days earlier.
Maggio was previously employed as a firefighter and paramedic in south suburban Phoenix while training for a similar role in the larger town of Cicero, according to Clancy. He argued that if Maggio had intended to kill Eaton and Bryant and stage a suicide, he would have done a more thorough job, pointing out that the gash on Eaton’s wrist hadn’t penetrated deeply enough to hit an artery.
“This is someone that has a medical training. You think this guy doesn’t know how to cut someone’s wrist and get to the artery if he wants to make it look like a suicide,” Clancy told the jury. “You think this guy doesn’t know something about DNA more than you?”
Prosecutors relied heavily on DNA evidence from the crime scene, including samples from a box cutter knife found next to Eaton’s body, the neckline of her shirt and DNA recovered from under her fingernails as well as on the front of Bryant’s pajamas.
Maggio’s DNA was present on three of the tested items, but other unidentified DNA profiles were also found, Clancy said.
“The question is, what’s the other DNA? Who’s the other DNA?” Clancy told the jury when the trial began last week.
Clancy argued the DNA evidence does not prove Maggio’s guilt because he and Eaton had sexual relations just 12 days earlier. He contended the Lockport police investigation overlooked critical evidence that could implicate someone else in the double murder.
Lockport police detective Jacob King, the lead investigator, told the jury that he found Maggio’s reaction concerning when he informed him that his 14-month-old child was dead. During the phone call, King said Maggio never inquired about Eaton, who was also deceased but whom he had not yet learned about, nor did he attempt to call her after receiving the news.
Detectives later discovered that Maggio, who was with his father, Martin Maggio Sr., watching his two children when he learned of Bryant’s death, never mentioned it to his father. Instead, he became stoic and quiet, sitting down to stare at a cartoon on TV while alternating between putting his head in his hands and staring blankly, Maggio Sr. testified Wednesday.
Prosecutor Christopher Koch contended Maggio’s reaction was unusual for someone who had just learned of their child’s death. He told the jury on Thursday that it was “ridiculous” for Clancy to suggest that Maggio didn’t call Eaton after receiving the news because their relationship was strained and Maggio had blocked her on Snapchat the night before the deaths.
Maggio’s father told the jury his reaction was not uncommon, describing the defendant as an inherently quiet person.
Maggio did not testify in his own defense.
Koch argued that if anyone other than Maggio had killed the mother and child, they would likely have harmed Jessica Eaton as well. Since 14-month-old Bryant was asphyxiated and the 11-year-old, who could potentially testify, was left unharmed, Koch argued this supports the prosecution’s alleged motive.
“He doesn’t want to pay any money,” Koch told the jury. “Hazel and Ashtin are not his problem, he’s going to make sure that they’re gone.”
smoilanen@chicagotribune.com
