Detective Division 20 November 2000 TO: Commander Gerard Mahnke Commanding Officer - Unit 650 FROM: Sgt Anthony WOJCIK Unit 650 SUBJECT: CR# 266681 - Investigation Progress Report #1832 On this date the R/Sgt interviewed Cook County Assistant States Attorney Mark SCHLIFKA of the Gangs Prosecution Unit in regards to this CR. SCHLIFKA is currently prosecuting Juan HERNANDEZ on the charges of First Degree Murder, Attempt First Degree Murder, and Aggravated Battery relative to this CR. Rosendo HERNANDEZ, who is listed as a witness in this CR was convicted of those same charges after a jury trial and sentenced to 100 years incarceration. In short SCHLIFKA told the R/Sgt that until being informed on this date of the allegations made in this CR. no allegation of police impropriety in regards line-up procedures, including those conducted by Detective GUEVARA, had been brought forth by Juan or Rosendo HERNANDEZ, or their attorneys. SCHLIFKA informed the R/ds that the 5 witnesses who identified Rosendo HERNANDEZ in comi, also identified Juan HERNANDEZ in that same testimony. All 5 witnesses testified that Juan and Rosendo HERNANDEZ were the offenders in this incident, and that they had identified them in line-ups because they recognized them as such. None ofthe five witnesses at any time ever stated that GUEVARA "forced", or in any way influenced their identification. Throughout all pre-trial interviews, and during their in court, under oath testimony during the trial of Rosendo HERNANDEZ,. all witnesses remained steadfast and positive in their identification of Juan and Rosendo HERNANDEZ. In addition SCHLIFKA recalled that during cross-examination by Rosendo HERNANDEZ's attorney during HERNANDEZ's trial, and during re-direct examination by an Assistant States Attorney, Detective GUEVARA was asked about his procedures in conducting the line-ups. SCHLIFKA stated that GUEVARA's responses, which outlined proper line-up procedures, were heard and accepted by the jury. Upon concluding his interview with ASA SCHLIFKA, the R/Sgt made arrangements to receive a transcript ofthe trial ofRosendo HERNANDEZ. That transcript, which will detail testimony and examination of the witnesses and Detective GUEVARA, will be reviewed and made part of this flle. Sgt Anthony T. WOJCIK #1832 CR# 266681 JR-JJ 028102 Attachment# (t t)