Allan Kustok: Wife’s Murder, 60-Year Sentence, and Appeals

Allan Kustok is the Illinois man convicted in 2014 of murdering his wife, Anita “Jeanie” Kustok, a beloved elementary school teacher shot in the face while sleeping in their Orland Park home on September 29, 2010. A Cook County jury rejected his claim that she had killed herself, deliberating less than two hours before finding him guilty of first-degree murder. He was sentenced to 60 years in prison, has lost every appeal through the federal Seventh Circuit, and remains incarcerated at Pinckneyville Correctional Center with a projected parole date of 2070.¹

What Happened in Orland Park

In the early morning of September 29, 2010, Jeanie Kustok, 58, was shot once in the left cheek with a .357 Magnum revolver while lying in bed. The bullet traveled left to right through her skull and exited behind her right ear. Allan Kustok, then in his late fifties, did not call 911. Prosecutors later established that he waited roughly 90 minutes, wrapped his wife in bedding, and drove her to Palos Community Hospital, where authorities were notified of her death at 7:00 a.m.²

Kustok told investigators he had been awakened by a loud noise and found his wife dead on the floor with a gun in her hand. He said he took the revolver from her, then put it to his own head but instead fired the remaining five rounds into a bedroom armoire. He later said his wife was “too proud for ambulances” and that he wanted to be with her body as long as he could.³ Investigators quickly concluded his account did not match the physical evidence. Two days later, Kustok was charged with first-degree murder and held on $2 million bond at Cook County Jail.² He pleaded not guilty on November 18, 2010.⁴

Who Jeanie Kustok Was

Jeanie Kustok taught math and reading to gifted students in third through fifth grade at Central Elementary School in Riverside, Illinois, and also taught at Hollywood School in Brookfield.⁵ The family attorney called her a “saint” who “lived her life for everyone else, for her family and for God.” She and Allan had been married for more than 30 years and had two children: daughter Sarah Kustok, who became a prominent sports broadcaster, and son Zak Kustok, a former Northwestern University quarterback. Neighbors reported no history of domestic violence or police calls to the home.⁶

The trial split the family in public. Sarah served as the defense’s final witness, testifying for about 45 minutes on March 10, 2014, and telling jurors it was “inconceivable” her father would kill her mother. Pressed on his affairs, she said, “I don’t condone it, I’m not OK with that, but it doesn’t change my opinion.”⁷ Zak took a different position, telling reporters he was “not supporting my father by being at courthouse” and, asked whether he believed his father killed his mother, saying he was “not comfortable commenting on that.” Asked about forgiveness, he replied, “I’m working on that.”⁸ Zak’s wife, Nicole, testified for the prosecution, telling jurors that Jeanie had never expressed fear of burglars, was “devoutly religious,” and appeared “clearly uncomfortable” when guns came up at a March 2010 family gathering.⁹

Why the Jury Convicted

The case went to trial in Cook County Circuit Court before Associate Judge John Hynes in February 2014. Assistant State’s Attorney Jennifer Gonzalez framed it not as a whodunit but as a question of whether Jeanie’s death was murder or suicide, arguing that Kustok had “checked out” of his 34-year marriage and viewed his wife as “just an anchor.”¹⁰

The forensic case was substantial. Medical examiner Dr. Hiliary McElligott ruled the death a homicide, noting that stippling on Jeanie’s face indicated her eyes were closed when she was shot. The wound was on the left side of her face, yet the gun was found in her right hand, and she was right-handed.¹¹ Gunshot residue was found on Allan’s hands but not on Jeanie’s.¹² Prosecution crime scene reconstruction expert Rod Englert testified that blood spatter patterns on Kustok’s shirt, shorts, and glasses were consistent with someone standing over the victim when the gun was fired.¹³

Alongside the forensics, Judge Hynes allowed prosecutors to present testimony from five women who had been romantically involved with Kustok, finding the evidence relevant to motive and state of mind.¹⁴ Michelle Ventress described a five-year sexual relationship during which Kustok called his marriage “unfulfilled.” Two other women said they had met Kustok through the adultery-focused website AshleyMadison.com; one had a one-night stand with him, and another had lunch with him two days before the murder. Two more women testified he had approached them in public in the summer of 2010, telling them he planned to divorce.¹¹

On March 11, 2014, the jury returned a guilty verdict on first-degree murder in less than two hours.¹⁰

The Defense’s Case

Kustok did not testify. His defense team, led by attorney Rick Beuke, argued that Jeanie had committed suicide or that the gun had discharged accidentally, and told jurors she was suffering from menopause and living in a “sexless marriage.”¹⁵ Kustok said he had purchased the .357 Magnum as an anniversary gift so Jeanie would have protection during his business trips.

Defense forensic experts pushed back on the physical case. Blood spatter analyst Paul Kish testified that the blood on Kustok’s clothing and eyeglasses was not impact spatter but transfer stains from touching contaminated items. Ballistics expert Matthew Noedel testified the gun was fired three to six inches from Jeanie’s face and could have discharged accidentally.¹⁶ The prosecution countered through Jeanie’s brother, John Runko, who testified that his sister did not own a gun and “wouldn’t know what to do with one.”¹⁵

The Pillowcase Dispute

The most contested post-trial issue involved a stained pillowcase from the crime scene. At trial, Englert testified that a dark stain on the pillowcase was clotted blood, not soot from a gunshot. Kish disagreed but had not arranged for chemical testing before trial. Mid-trial, the defense asked Judge Hynes for permission to test the pillowcase for gunshot residue. He denied the request, ruling that testing should have been done earlier and that pausing the trial would cause undue delay.¹¹

After the conviction, the defense had the Illinois State Police Crime Lab test the pillowcase. It came back positive for lead, consistent with soot from a gun fired within about six inches. Noedel called this a “game changer,” arguing it proved Englert wrong and pointed toward a self-inflicted wound.¹³ Judge Hynes denied the motion for a new trial on December 4, 2014, finding the defense had held Englert’s report since summer 2012 and “chose not to do anything about it,” and that the cumulative evidence, including Kustok’s extramarital pursuits, his up-to-90-minute delay in calling for help, and the other forensic findings, supported the conviction regardless.¹⁷

Sentence and Appeals

On December 10, 2014, Judge Hynes sentenced Kustok to 60 years: 30 years for first-degree murder and 30 years for aggravated discharge of a firearm. The minimum available sentence had been 45 years.¹⁸ The judge said Kustok “had it all” and “was living the American dream, but that was not good enough,” calling the killing “cowardly and despicable” and saying the man who “was supposed to be her protector became her executioner.” Kustok addressed the court and maintained his innocence, saying he did not call 911 because his wife was “beyond help” and he did not want “an untold number of strangers into my home.”¹⁹

Every appeal since has failed.

Direct Appeal

The Illinois Appellate Court (First District) affirmed the conviction in an unpublished order on August 12, 2016, holding that Judge Hynes did not abuse his discretion in admitting the affairs evidence or in denying a new trial based on the post-trial pillowcase testing.¹¹ The Illinois Supreme Court denied leave to appeal.

State Post-Conviction Petition

On December 22, 2017, Kustok filed a state post-conviction petition arguing ineffective assistance of trial counsel for failing to test the pillowcase stain before trial. The circuit court dismissed it, and the appellate court affirmed on May 14, 2021, finding the claim forfeited because it had not been raised on direct appeal and, in any event, that the pillowcase test results were “merely cumulative.” The court called the evidence of guilt “overwhelming.”¹³ The Illinois Supreme Court again denied review.

Federal Habeas Corpus

Kustok then filed a federal habeas petition in the Northern District of Illinois. Judge Matthew F. Kennelly dismissed it on procedural default grounds, because the state courts had deemed the ineffective-assistance claim waived. Judge Kennelly disagreed with the state court’s characterization of the soot evidence as “cumulative,” writing that a jury likely would have found it significant that the prosecution’s star forensic expert had been mistaken, and he granted a certificate of appealability, finding that “reasonable jurists could find this debatable.”²⁰ The Seventh Circuit heard oral arguments on February 7, 2024, and affirmed on April 29, 2024. Judge Diane Wood, writing for a unanimous panel, held the claim was procedurally defaulted and that Kustok had not met any exception.²¹

Where He Is Now

Kustok remains at Pinckneyville Correctional Center in southern Illinois. Illinois Department of Corrections records list a projected parole date of September 5, 2070, and a projected discharge date of September 7, 2073. He has been in continuous custody since September 7, 2010.¹ Sarah Kustok has continued her career in sports broadcasting and has declined to comment publicly on her father’s case or her relationship with him.²²

1
Illinois Department of Corrections. Inmate Search – Allan Kustok
2
CBS News Chicago. Allan Kustok Held on $2 Million Bond in Murder of Wife; Family Stands by Dad
3
ABC News. Allan Kustok Accused of Murdering Schoolteacher Wife
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Riverside Brookfield Landmark. Kustok Pleads Not Guilty in Death of Wife
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CBS News. Anita Kustok, Elementary Teacher Killed by Husband Who Staged It as Suicide, Say Prosecutors
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ABC7 Chicago. Kustok Case Coverage
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6ABC. Sarah Kustok Final Defense Witness
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NBC Chicago. Zak Kustok Speaks Out at Father’s Murder Trial
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CBS News Chicago. In-Law Testifies at Kustok Murder Trial
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CBS News. Time Was Not on His Side: The Murder Trial of Allan Kustok
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Illinois Courts. People v. Kustok, 2016 IL App (1st) 143812-U
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Chicago Tribune. Evidence Tech: Gunpowder Residue Found on Kustok’s Hands, Not on Wife
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Illinois Courts. People v. Kustok, 2021 IL App (1st) 191899-U
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CBS News Chicago. Judge Allows Evidence of Extramarital Affairs in Kustok Murder Trial
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ABC30. Kustok Murder Trial Defense Arguments
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ABC7 New York. Kustok Defense Expert Testimony
17
Riverside Brookfield Landmark. Kustok: Judge Rejects Call for New Trial
18
Patch. Kustok Sentenced to 60 Years for Wife’s Murder
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Chicago Sun-Times. Kustok Gets 60 Years for Fatal Shooting of His Wife in 2010
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GovInfo. Kustok v. Mitchell, No. 23-2125
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ISBA. Kustok v. Mitchell
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New York Post. Sarah Kustok’s Unplanned Journey to NBA Analyst’s Chair