(SKOKIE) In a pivotal ruling, a Cook County judge dismissed a defense motion that claimed the arrest of Hyungseok Koh, charged with the murder of his son, was done improperly, which could have made his confession to the crime inadmissible.

In doing so, Judge Garritt Howard repeatedly said Koh's testimony during the pretrial hearings witness undermined his credibility.

In pretrial hearings that lasted 15 months, Judge ended speculation Friday that Northbrook police wrongfully arrested Hyungseok Henry Koh, 57, in the early morning hours of April 16, 2009, in his home at 1944 Birch Road.

Koh's attorney Elliot Zinger had asserted in court when he and his wife were placed in the squad car they were under arrest and should have received legal advice sooner under their rights as suspects.

During the pretrial, Zinger maintained that Koh — up until his confession — was helping police in finding his son's attackers.

Sometime during the seven-hour interrogation, Koh confessed to killing Paul, his 22-year-old son, with a kitchen knife.

He later withdrew the confession, but remains locked up in Chicago's Cook County Jail, in lieu of $5 million.

Zinger also believed his client's statements should have been tossed out due to the unlawful arrest.

On Friday, Howard told a full courtroom at Cook County Circuit Court in Skokie that Koh's testimony did not sound truthful, and that a reasonable person would have believed he was under arrest.

Essentially, Garritt said he did not think Koh was taken to the Northbrook police station against his will.

Garritt said Koh was never handcuffed and for several hours not separated from his wife, Eunsook, as police often do in murder interrogations.

He also said Eunsook was allowed to wash blood from her hands.

"They were treated as grieving parents, not suspects," Howard said, pointing out they were never pushed down to the front lawn of their home and never screamed at, whereas Koh said in court they were.

"I didn't find his testimony to be credible, and I did find the police testimony more credible," Howard said.

"You can't interview someone on a front lawn. It's more logical to do it in the calmness of a police station," Howard said.

In other key testimony, Howard said Koh told an officer in the squad car that he wanted to go to the hospital where Paul was being driven in an ambulance, but when police arrived on scene Koh was telling a friend on a cell phone that someone had killed his son.

Howard questioned why would a person want to go to the hospital knowing already that his son was dead.

Koh also said in court police ignored his request for them to retrieve three types of medications from his home while he was at the police station.

However, Cook County prosecutors showed records that Koh bought one medication order for high blood pressure from a Walgreens, but had stopped buying pills several months earlier for the two other illnesses from which he said he was suffering.

After Garritt's five-minute ruling, the sobs of Koh's daughter, Helen, could be heard throughout Courtroom 206.

Pastor James Chang, of New Life Church in Palatine, where Koh is a member, said he believed Garritt would dismiss the case.

"We're surprised because our impression was that the police did not properly investigate," Chang said.

In pretrial arguments, Zinger said Paul was involved in drugs and gambling.

In March 2009 he was robbed of his cell phone, memory card and driver's license at the North Suburban YMCA in Northbrook, across the street from his home on Techny Road, Zinger said, adding police should have investigated those possibilities instead of focusing on his client.

"Our position was that (Koh) was arrested as soon as he entered that car. He was in a state of shock and maybe not crystal clear on how the justice system works. Many people are unclear," Zinger said outside the courthouse.

"We haven't begun to fight," he said.

Helen Koh, 29, expected Howard to rule in her father's favor.

"I don't understand. If a child is dead or not, a parent would want to go to a hospital," she said.

"I believe God will bring us justice and prove my father is innocent so we can go after the evil people who killed my brother."

On April 16, Northbrook police received a 3:45 a.m. emergency call from the Koh's split-level home where Paul was transported to Highland Park Hospital in Highland Park and pronounced dead at 4:18 a.m.

Cook County Medical Examiner's Office said he had multiple stab wounds to the chest and cut throat.

In June 2009, county prosecutors stated in court documents that Koh said intruders killed his son, and he had woke up to his wife's screams sometime after 3 a.m.

However, prosecutors also stated Eunsook said she slept through the entire attack, only discovering her son's body when getting ready for church.

"Later on, (Hyungseok), after being 'Mirandized' in a videotaped interrogation, admitted that he had lied; that in fact, he had been angry at his son for being out late past his son's 11 p.m. curfew," stated Catherine Crowley, assistant state's attorney for Cook.

Paul pushed his father, who retrieved a kitchen knife.

"(Koh) then swung a knife at his son's neck. He further described grabbing his son from behind and cutting the child's neck with the knife," stated Crowley.
Born in South Korea, Koh  immigrated to the United States in 1983 and became a citizen in 1985.

He was a U.S. Postal Service employee for 20 years until 2004 when he opened a Great Steak and Potato restaurant in Aurora.

After leaving the restaurant business due to illness, he owned a vending machine business that Paul helped operate until his death.

Koh's next court appearance is Aug. 4, and Zinger said he will file a motion for Howard to reconsider Friday's decision.

--Pioneer Press