A federal judge says he won’t accept a former probation officer’s plea deal to serve five years in prison if testing shows the man’s drugs were the ones that killed a prosecutor-turned-judge last spring.
James Fogarty pleaded guilty Wednesday in federal court to charges of possessing cocaine with plans to distribute it as well as a charge of being an unlawful drug user in possession of a firearm.
Federal prosecutors allege Fogarty sold cocaine in March to then-Saint Clair County Circuit Judge Michael Cook and newly appointed Judge Joe Christ, a former prosecutor.
Christ later died of a cocaine overdose while with Cook at a western Illinois hunting lodge.
Cook has resigned from the bench and is expected to plead guilty Friday to federal heroin and gun charges.