The son of DuPage County's top prosecutor and two other men were arrested for allegedly possessing marijuana and a smoking pipe over the weekend in Naperville.Illegal drug users should make a note: "I don't live here and that stuff ain't mine" is now a meritorious defense in DuPage County.
Nicholas T. Birkett, the son of DuPage County State's Attorney Joe Birkett, has been cited for possession of drug paraphernalia and less than 30 grams of cannabis, Naperville police records show.
Birkett, 21, of Wheaton, was arrested Sunday in a Naperville apartment, records indicate.
Joe Birkett, a tireless prosecutor of drug-related crimes, said his son was "a guest in someone's home" and did not own or possess any of the alleged contraband in the apartment.
"I love my son dearly," Birkett said. "My family's the most important thing in the world to me, and we'll handle this as a family."
Birkett's office has not yet issued an official statement on the "Some older kids made me do it" defense, however.
Update - The Daily Herald reports the profoundly unsurprising news that "[a]ll three men denied ownership of the pipe and green leafy substance." Does this mean, in light of the senior Birkett's statement, that there will be no prosecutions until Birkett's office finds a patsy who will actually claim to own or possess the contraband?
And here is a tip for the other two fellows: When the office of the DuPage County State's Attorney offers a plea bargain of reduced charges in exchange for your making a statement that fully exonerates young Mr. Birkett, remember to feign surprise.