Father Gets Order of Protection Against Mother Accused of Trying to Murder Their 7-year-old Son
Cheryl Luchetta, accused of drugging her son, remains hospitalized.
The divorce Cheryl Luchetta had long sought appeared close to being finalized.
Although she unsuccessfully sought earlier this month to have a June 14 trial delayed in the divorce she filed for twice in three years, court records show she and her husband were nearing a settlement that involved joint custody of their 7-year-old son.
But before that could happen, according to DuPage County prosecutors, the 41-year-old Luchetta drugged the boy on June 8 using a mixture of valium, diazepam and Tylenol PM that caused "severe internal injuries." She also slit her own throat that night inside the family's Elmhurst condo, on the 800 block of North York Road.
Luchetta, who remains hospitalized, is charged with attempted murder and aggravated battery to a child. A $300,000 arrest warrant has been issued and will be served once she receives medical clearance to be released from the hospital. Her condition was not immediately known.
Prosecutors would not comment on a possible motive in the case, including any connection to Luchetta's ongoing divorce case or other recent domestic troubles described in several years' worth of court documents.
Those records are punctuated by an emergency order of protection against Luchetta brought by her husband, Matthew, last week to keep the woman away from him and their son.
In the protection request granted June 10, Matthew describes her as "suicidal." In May, his divorce counterclaim states Luchetta has "mental and/or emotional" disability and had shown "inconsistent and reactive" behavior during their marriage.
Matthew Luchetta's attorney could not immediately be reached for comment on Friday.
The couple was married in January 2000 and had a son in November 2003. But, according to Matthew's divorce filings, the couple lived apart since 2004. He accused Cheryl of abandoning the marriage.
Twice in 2006 and once in 2007, Cheryl was charged with domestic battery involving a man described as her "boyfriend" by authorities, records show. Police accused her of cutting, biting and scratching the man in those incidents. She also faced a disorderly conduct charge in 2007 relating to a 911 call where she allegedly claimed her boyfriend was attempting suicide.
All of those cases were dismissed by prosecutors because a witness failed to appear in court.
It was also in 2006 that Cheryl Luchetta filed for an order of protection against the boyfriend, whom she described as a drug abuser and convicted felon. The man, who has been in and out of prison for about 14 years, was paroled on June 2, according to the Illinois Department of Corrections.
Cheryl Luchetta first filed for divorce in 2008, but a judge twice dismissed the case—most recently in October 2009—when she and Matthew missed scheduled hearings. She refiled the case eight months later, in August 2010, claiming "extreme and repeated acts of mental cruelty" by her husband, records show.
She sought permanent custody of the couple's son, and was granted temporary custody as divorce proceedings began. Cheryl has also lived in the couple's townhouse for several years during their separation.
Also in 2010, Cheryl sought a total of four protective orders against Matthew and one of his relatives. One order of protection request was denied when she failed to attend court.
A judge scheduled the divorce for trial on June 14 if they had not reached a settlement, but, according to court records, Cheryl attempted "on or around June 7" to have it postponed. She wanted the delay in order to sort out financial terms of a settlement, which already included joint custody of their son.
That request was denied. Prosecutors allege the drugging took place on June 8, with Cheryl waking up the next morning to find her son unconscious. She dialed 911 for help and both were initially taken to Elmhurst Memorial Hospital.
Illinois Department of Children and Family Services contacted Matthew on June 9 to tell him Cheryl and their son were hospitalized. The boy was released from the hospital.
The divorce trial has been rescheduled for Aug. 16.