GLORI BOND (States Attorney)
From:
Sent:
To:

JOSE TRUJILLO (States Attorney)
Thursday, June 30, 2011 11:27 AM
ALAN LYNN (States Attorney);BRIAN HOLMES (States Attorney);BRIAN SEXTON (States
Attorney);CAROL ROGALA (States Attorney);CATHERINE SANDERS (States
Attorney);CHARISE VALENTE (States Attorney);COLIN SIMPSON (States
Attorney);DARREN O'BRIEN (States Attorney);FABIO VALENTINI (States
Attorney);FRANK MAREK (States Attorney);GEORGE CANELLIS (States Attorney);GLORIA
GRANT (States Attorney);JAMES COSTELLO (States Attorney);JAMES MCKAY (States
Attorney);JOHN BLAKEY (States Attorney);JOHN BRASSIL (States Attorney);JOHN
DILLON (States Attorney);JOHN SOMERVILLE (States Attorney);JOSEPH MAGATS
(States Attorney);LAURA MORASK (States Attorney);LINAS KELECIUS (States
Attorney);LORI SMITH (States Attorney);MARIA MCCARTHY (States Attorney);MARILYN
BALDWIN (States Attorney);MARK SHLIFKA (States Attorney);MARY LACY (States
Attorney);PATRICK COUGHLIN (States Attorney);PATRICK MCGUIRE (States
Attorney);PETER TROY (States Attorney);ROBERT HEILINGOETTER (States
Attorney);SANDRA CHAVEZ (States Attorney);SHAUNA BOLIKER (States
Attorney);STEVEN ROSENBLUM (States Attorney);Tara Dabney (States
Attorney);THOMAS BIESTY (States Attorney);THOMAS BILYK (States Attorney);Thomas
Byrne (OCJ);THOMAS DRISCOLL (States Attorney);THOMAS MAHONEY (States
Attorney);TIFFANY ZAPATA-MANCILLA (States Attorney);TISA MORRIS (States
Attorney);WALTER HEHNER (States Attorney)
Rule 23s and/or Opinions
10-1528.TIF; 10-0340.TIF; 10-1110.TIF; 10-1108.TIF; 10-0577.TIF; 10-1902.TIF;
09-1107.TIF; 10-0904.TIF; 09-2920.TIF

Subject:
Attachments:

Follow Up Flag:
Flag Status:

1.
2.
3.
4.
5.
6.
7.
8.
9.

,

Follow up
Flagged

- Judge Kevin M. Sheehan
- Judge Lawrence Terrell
- Judge Kennth J. Wadas
- Judge William G. Lacy
- Judge Maura Slattery-Boyle
- Judge William G. Lacy
- Judge Maureen Slattery-Boyle
- Judge Margaret O'Brien
- Judge James B. Linn

Jose D. Trujillo
Administrative Supervisor
Criminal Appeals Division
Cook County State's Attorney's Office
Phone (312) 603-6088
Please note that my e-mail address has changed to jose.trujillo@cookcountyil.gov

1

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:
Attachments:

Follow Up Flag:
Flag Status:

1.
2.
3.
4.
5.
6.
7.
8.

JOSE TRUJILLO (States Attorney)
Thursday, June 30, 2011 9:35 AM
ALAN LYNN (States Attorney);BRIAN HOLMES (States Attorney);BRIAN SEXTON (States
Attorney);CAROL ROGALA (States Attorney);CATHERINE SANDERS (States
Attorney);CHARISE VALENTE (States Attorney);COLIN SIMPSON (States
Attorney);DARREN O'BRIEN (States Attorney);FABIO VALENTINI (States
Attorney);FRANK MAREK (States Attorney);GEORGE CANELLIS (States Attorney);GLORIA
GRANT (States Attorney);JAMES COSTELLO (States Attorney);JAMES MCKAY (States
Attorney);JOHN BLAKEY (States Attorney);JOHN BRASSIL (States Attorney);JOHN
DILLON (States Attorney);JOHN SOMERVILLE (States Attorney);JOSEPH MAGATS
(States Attorney);LAURA MORASK (States Attorney);LINAS KELECIUS (States
Attorney);LORI SMITH (States Attorney);MARIA MCCARTHY (States Attorney);MARILYN
BALDWIN (States Attorney);MARK SHLIFKA (States Attorney);MARY LACY (States
Attorney);PATRICK COUGHLIN (States Attorney);PATRICK MCGUIRE (States
Attorney);PETER TROY (States Attorney);ROBERT HEILINGOETTER (States
Attorney);SANDRA CHAVEZ (States Attorney);SHAUNA BOLIKER (States
Attorney);STEVEN ROSENBLUM (States Attorney);Tara Dabney (States
Attorney);THOMAS BIESTY (States Attorney);THOMAS BILYK (States Attorney);Thomas
Byrne (OCJ);THOMAS DRISCOLL (States Attorney);THOMAS MAHONEY (States
Attorney);TIFFANY ZAPATA-MANCILLA (States Attorney);TISA MORRIS (States
Attorney);WALTER HEHNER (States Attorney)
Rule 23s and/or Opinions
10-2001.TIF; 09-3187-v2.TIF; 10-1902_V2.TIF; 08-0194.TIF; 09-1262.TIF; 09-0116.TIF;
08-1799.TIF; 10-0869.TIF
Follow up
Flagged

- Judge Michael J. Howlett
- Judge Clayton J. Crane - "Corrected Copy"
- Judge William G. Lacy - "Corrected Copy"
- Judge Marcus R. Salone - "Corrected Copy"
No. 09-1262 - Judge James B. Linn
- Judge Stanley J. Sacks
- Judge Bertina E. Lampkin
- Judge Garritt E. Howard

Jose D. Trujillo
Administrative Supervisor
Criminal Appeals Division
Cook County State's Attorney's Office
Phone (312) 603-6088
Please note that my e-mail address has changed to jose.trujillo@cookcountyil.gov

2

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, June 24, 2011 3:02 PM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);SALLY DALY (States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
upcoming significant activity
report.significant.activity.upcoming.jun27.jul1.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello all,
here is the report regarding upcoming significant cases for next week.
Please call with any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

3

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, June 24, 2011 3:02 PM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);SALLY DALY (States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
upcoming significant activity
report.significant.activity.upcoming.jun27.jul1.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello all,
here is the report regarding upcoming significant cases for next week.
Please call with any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

4

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, June 24, 2011 9:53 AM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D significant activity
Significant Activity 6.20.11.docx

ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440

5

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

ELIZABETH BALLARD (States Attorney)
Monday, June 20, 2011 2:21 PM
SHAUNA BOLIKER (States Attorney);SALLY DALY (States Attorney);TANDRA SIMONTON
(States Attorney);LISA GORDON (States Attorney);ANDREW CONKLIN (States Attorney)
FABIO VALENTINI (States Attorney);JOSEPH MAGATS (States Attorney)
Significant Activity Report
6-20-11.DOC

Follow Up Flag:
Flag Status:

Follow up
Flagged

Attached is the significant activity for the week of June 13-17, 2011. There is also several upcoming dates for
the 12 D Wing. Thank You.
Elizabeth Ballard
Administrative Assistant to,
Fabio Valentini, Chief
Criminal Prosecutions Bureau
Cook County State's Attorney's Office
773-674-2720 Office
773-674-2382 Fax
elizabeth.ballard@cookcountyil.gov

6

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, June 17, 2011 4:26 PM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D wing significant activity
Significant Activity 6.13.11.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

Pat
ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440

7

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, June 10, 2011 3:46 PM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);SALLY DALY (States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
report.significant.activity.upcoming.jun13.jun17.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Here is the report regarding next week's significant cases.
Please let me know if any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

8

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, June 10, 2011 1:27 PM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D Significant Activity 6.6.11
Significant Activity 6.6.11.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

Pat
ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440

9

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, June 03, 2011 4:01 PM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);SALLY DALY (States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
significant cases for next week
report.significant.activity.upcoming.jun6.jun10.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello Bosses,
Here is the report detailing the significant cases for next week.
Please let me know if any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

10

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, June 03, 2011 4:01 PM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);SALLY DALY (States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
significant cases for next week
report.significant.activity.upcoming.jun6.jun10.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello Bosses,
Here is the report detailing the significant cases for next week.
Please let me know if any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

11

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, June 03, 2011 10:31 AM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D wing significant activity
Significant Activity 5.31.11.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

Pat
ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440
.

12

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

STEPHANIE MILLER (States Attorney)
Thursday, June 02, 2011 2:07 PM
sao sof (States Attorney)
RE: Joseph Fultz Pen Letter

Follow Up Flag:
Flag Status:

Follow up
Flagged

From: sao sof (States Attorney)
Sent: Thursday, June 02, 2011 1:31 PM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Joseph Fultz Pen Letter

Brendan Halm
Statement of Facts
2650 S California
12th Floor B Wing
From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, June 02, 2011 1:18 PM
To: sao sof (States Attorney)
Subject: RE: Joseph Fultz Pen Letter
I turned the pen letters in to Ana (sex crimes secretary) over a week ago to do. The trial concluded in january but the
sentencing was April 13, 2011. I will be out of the office effective June 3rd through the 14th. Catch me before then or
see Ana for any pen letter questions.
From: sao sof (States Attorney)
Sent: Thursday, June 02, 2011 9:48 AM
To: STEPHANIE MILLER (States Attorney)
Subject: Joseph Fultz Pen Letter
Stephanie,
I have 3 IDOC requests for Joseph Fultz, cases 09 CR 21033, 21034 and 21035. The pen letters are missing for all these
cases and I need to get them out to the DOC for their records ASAP. Can you please help me with this? Crimes has him
sentenced on 1/13/2011 in front of Judge Linn.
Brendan Halm
Statement of Facts
2650 S California
12th Floor B Wing

13

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

STEPHANIE MILLER (States Attorney)
Thursday, June 02, 2011 1:19 PM
sao sof (States Attorney)
RE: Joseph Fultz Pen Letter

Follow Up Flag:
Flag Status:

Follow up
Flagged

I turned the pen letters in to Ana (sex crimes secretary) over a week ago to do. The trial concluded in january but the
sentencing was April 13, 2011. I will be out of the office effective June 3rd through the 14th. Catch me before then or
see Ana for any pen letter questions.
From: sao sof (States Attorney)
Sent: Thursday, June 02, 2011 9:48 AM
To: STEPHANIE MILLER (States Attorney)
Subject: Joseph Fultz Pen Letter
Stephanie,
I have 3 IDOC requests for Joseph Fultz, cases 09 CR 21033, 21034 and 21035. The pen letters are missing for all these
cases and I need to get them out to the DOC for their records ASAP. Can you please help me with this? Crimes has him
sentenced on 1/13/2011 in front of Judge Linn.
Brendan Halm
Statement of Facts
2650 S California
12th Floor B Wing

14

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

sao sof (States Attorney)
Thursday, June 02, 2011 9:48 AM
STEPHANIE MILLER (States Attorney)
Joseph Fultz Pen Letter

Follow Up Flag:
Flag Status:

Follow up
Flagged

Stephanie,
I have 3 IDOC requests for Joseph Fultz, cases 09 CR 21033, 21034 and 21035. The pen letters are missing for all these
cases and I need to get them out to the DOC for their records ASAP. Can you please help me with this? Crimes has him
sentenced on 1/13/2011 in front of Judge Linn.
Brendan Halm
Statement of Facts
2650 S California
12th Floor B Wing

15

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

STEPHANIE MILLER (States Attorney)
Tuesday, May 24, 2011 5:05 PM
SABRA EBERSOLE (States Attorney)
sex orders
SEX ORDER.fultz.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

16

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

MARY BOLAND (States Attorney)
Monday, May 16, 2011 2:37 PM
STEPHANIE MILLER (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

 
 
 
   
 
I'll send back the box, so it can go the proper route. 
 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook County State's Attorney's Office.  Thank you for your cooperation. 
________________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Monday, May 16, 2011 2:25 PM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
 
 
 

17

 Do you still have the files or have you already sent them to the warehouse?  I have the impound order to put with the 
file and can send it to you or to the warehouse if that is easier. 
 
Steph 
 
________________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Monday, May 16, 2011 10:48 AM 
To: STEPHANIE MILLER (States Attorney) 
Cc: PATTI SUDENDORF (States Attorney) 
Subject: RE: Fultz 
 
S:  Left you a voicemail. 

 
 
Alan read the sentencing transcript and commented that there was nothing helpful about it (in terms of the judge's 
comments) and so we will not be taking this up to the Supreme Court. 
 
I am glad to see he is being SOJ'd on these cases. 
 
I'll be in all day if you'd like to call. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook County State's Attorney's Office.  Thank you for your cooperation. 
________________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Saturday, May 14, 2011 4:08 PM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Incredibly sorry to hear that!  Anything I can do to help? 
________________________________________ 
From: MARY BOLAND (States Attorney) 
18

 Sent: Friday, May 13, 2011 6:23 PM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
Glad to see the SOJs.  Sorry I was arguing in Spgfld this week, then on trial today.  I'm meeting the Alan on Monday.  

 
 

 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook County State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Friday, May 13, 2011 10:51 AM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Any status updates on our Fultz matter?  FYI I will be SOJing him on Monday on the case involving the 65 y/o man in 
Grant Park. 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Tuesday, May 03, 2011 7:16 AM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
Okay, thanks Stephanie.  I'll look for the docs. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
19

 E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Monday, May 02, 2011 1:31 PM 
To: MARY BOLAND (States Attorney) 
Cc: PATTI SUDENDORF (States Attorney) 
Subject: RE: Fultz 
 
Judge sentenced the defendant to a total of 18 years for the 8 counts of ACSAb.  He gave the defendant 6 for each 
docket number and ran them consecutive to each other.  I ordered a daily copy of the transcript and am packing up the 
entire files and sending them your way with the transcripts.  Just let me know if you need anything else and please keep 
me posted on how things are going. 
Thanks again for everything! 
Steph 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Thursday, April 28, 2011 12:57 PM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
I think I'll just take everything at this point. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
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sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
20

 Sent: Thursday, April 28, 2011 12:41 PM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Do you just want all of the transcripts or anything additional? 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Thursday, April 28, 2011 9:24 AM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
My pleasure.  Good luck on Monday.  Since Alan has given me a conditional go ahead, please box up the record that you 
have now and send it to me Interoffice 
 
). 
 
Call me Mon! 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
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sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Thursday, April 28, 2011 8:25 AM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Thank you, thank you, thank you for everything that you've done to help with this!  I'll keep you posted. 
Steph 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Wednesday, April 27, 2011 4:02 PM 
To: PATTI SUDENDORF (States Attorney) 
Cc: STEPHANIE MILLER (States Attorney) 
Subject: Fultz 
 
21

 Hi Patti & Stephanie: 
 
 Good news.  I met with Alan Spellberg today and he is 

 
 

 
.  Make sure to order the daily transcript and get it to me ASAP as I need to 
file the Motion for Sup.Order within 30 days. 
 

 
I will be out of the office on Friday, but call me Monday and let me know what happened. 
 
I attach a copy of the memo I wrote to Alan about this case. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
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sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 

22

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

STEPHANIE MILLER (States Attorney)
Monday, May 16, 2011 2:26 PM
MARY BOLAND (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Thank you for all of your hard work and help on this case even given that it may clearly be all for naught.  I understand 
the Appeals position but am slightly confused.  In your email dated 4/27/11, it was Alan's position that I should 
 
  Is that the case? 
 

I do have a question about the defense appeal. 
Do you still have the files or have you already sent them to the warehouse?  I have the impound order to put with the 
file and can send it to you or to the warehouse if that is easier. 
.  
 
Steph 
 
________________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Monday, May 16, 2011 10:48 AM 
To: STEPHANIE MILLER (States Attorney) 
Cc: PATTI SUDENDORF (States Attorney) 
Subject: RE: Fultz 
 
S:  Left you a voicemail. 

 
. 
 
Alan read the sentencing transcript and commented that there was nothing helpful about it (in terms of the judge's 
comments) and so we will not be taking this up to the Supreme Court. 
 
I am glad to see he is being SOJ'd on these cases. 
 
I'll be in all day if you'd like to call. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
 
23

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sender or the Cook County State's Attorney's Office.  Thank you for your cooperation. 
________________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Saturday, May 14, 2011 4:08 PM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Incredibly sorry to hear that!  Anything I can do to help? 
________________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Friday, May 13, 2011 6:23 PM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
Glad to see the SOJs.  Sorry I was arguing in Spgfld this week, then on trial today.  I'm meeting the Alan on Monday.  
 
 
. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
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sender or the Cook County State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Friday, May 13, 2011 10:51 AM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Any status updates on our Fultz matter?  FYI I will be SOJing him on Monday on the case involving the 65 y/o man in 
Grant Park. 
24

  
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Tuesday, May 03, 2011 7:16 AM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
Okay, thanks Stephanie.  I'll look for the docs. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
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named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
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applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Monday, May 02, 2011 1:31 PM 
To: MARY BOLAND (States Attorney) 
Cc: PATTI SUDENDORF (States Attorney) 
Subject: RE: Fultz 
 
Judge sentenced the defendant to a total of 18 years for the 8 counts of ACSAb.  He gave the defendant 6 for each 
docket number and ran them consecutive to each other.  I ordered a daily copy of the transcript and am packing up the 
entire files and sending them your way with the transcripts.  Just let me know if you need anything else and please keep 
me posted on how things are going. 
Thanks again for everything! 
Steph 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Thursday, April 28, 2011 12:57 PM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
I think I'll just take everything at this point. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
25

 Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
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sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Thursday, April 28, 2011 12:41 PM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Do you just want all of the transcripts or anything additional? 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Thursday, April 28, 2011 9:24 AM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
My pleasure.  Good luck on Monday.  Since Alan has given me a conditional go ahead, please box up the record that you 
have now and send it to me Interoffice
 
 
Call me Mon! 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
26

  
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Thursday, April 28, 2011 8:25 AM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Thank you, thank you, thank you for everything that you've done to help with this!  I'll keep you posted. 
Steph 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Wednesday, April 27, 2011 4:02 PM 
To: PATTI SUDENDORF (States Attorney) 
Cc: STEPHANIE MILLER (States Attorney) 
Subject: Fultz 
 
Hi Patti & Stephanie: 
 
 Good news.  I met with Alan Spellberg today and he is inclined

 

 
  Make sure to order the daily transcript and get it to me ASAP as I need to 
file the Motion for Sup.Order within 30 days. 
 

 
I will be out of the office on Friday, but call me Monday and let me know what happened. 
 
I attach a copy of the memo I wrote to Alan about this case. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
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and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
27

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

STEPHANIE MILLER (States Attorney)
Saturday, May 14, 2011 4:08 PM
MARY BOLAND (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Incredibly sorry to hear that!  Anything I can do to help? 
________________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Friday, May 13, 2011 6:23 PM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
Glad to see the SOJs.  Sorry I was arguing in Spgfld this week, then on trial today.  I'm meeting the Alan on Monday.  

 
 

. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook County State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Friday, May 13, 2011 10:51 AM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Any status updates on our Fultz matter?  FYI I will be SOJing him on Monday on the case involving the 65 y/o man in 
Grant Park. 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
30

 Sent: Tuesday, May 03, 2011 7:16 AM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
Okay, thanks Stephanie.  I'll look for the docs. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Monday, May 02, 2011 1:31 PM 
To: MARY BOLAND (States Attorney) 
Cc: PATTI SUDENDORF (States Attorney) 
Subject: RE: Fultz 
 
Judge sentenced the defendant to a total of 18 years for the 8 counts of ACSAb.  He gave the defendant 6 for each 
docket number and ran them consecutive to each other.  I ordered a daily copy of the transcript and am packing up the 
entire files and sending them your way with the transcripts.  Just let me know if you need anything else and please keep 
me posted on how things are going. 
Thanks again for everything! 
Steph 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Thursday, April 28, 2011 12:57 PM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
I think I'll just take everything at this point. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
31

 Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
Sent: Thursday, April 28, 2011 12:41 PM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Do you just want all of the transcripts or anything additional? 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Thursday, April 28, 2011 9:24 AM 
To: STEPHANIE MILLER (States Attorney) 
Subject: RE: Fultz 
 
My pleasure.  Good luck on Monday.  Since Alan has given me a conditional go ahead, please box up the record that you 
have now and send it to me Interoffice
 
 
Call me Mon! 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 
 
________________________________ 
From: STEPHANIE MILLER (States Attorney) 
32

 Sent: Thursday, April 28, 2011 8:25 AM 
To: MARY BOLAND (States Attorney) 
Subject: RE: Fultz 
 
Thank you, thank you, thank you for everything that you've done to help with this!  I'll keep you posted. 
Steph 
 
________________________________ 
From: MARY BOLAND (States Attorney) 
Sent: Wednesday, April 27, 2011 4:02 PM 
To: PATTI SUDENDORF (States Attorney) 
Cc: STEPHANIE MILLER (States Attorney) 
Subject: Fultz 
 
Hi Patti & Stephanie: 
 
 Good news.  I met with Alan Spellberg today and he is 

 

 
  Make sure to order the daily transcript and get it to me ASAP as I need to 
file the Motion for Sup.Order within 30 days. 
 

 
I will be out of the office on Friday, but call me Monday and let me know what happened. 
 
I attach a copy of the memo I wrote to Alan about this case. 
 
Mary L. Boland 
Assistant State's Attorney 
Complex Sex Crimes Specialist 
Criminal Appeals Division 
Cook County State's Attorney's Office 
Daley Center 
Chicago, IL  60602 
312/ 603‐7631 
E‐MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended 
recipient(s) only.  This e‐mail and any attachments might contain information that is confidential, legally privileged or 
otherwise protected or exempt from disclosure under applicable law.  If you are not a named recipient, or if you are 
named but believe that you received this e‐mail in error, please notify the sender immediately by telephone or return e‐
mail and promptly delete this e‐mail and any attachments and copies thereof from your system.  If you are not the 
intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of this e‐mail 
and any attachments is unauthorized and prohibited.  Your receipt of this message is not intended to waive any 
applicable privilege or claim of confidentiality, and any prohibited or unauthorized disclosure is not binding on the 
sender or the Cook Count State's Attorney's Office.  Thank you for your cooperation. 

33

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

MARY BOLAND (States Attorney)
Friday, May 13, 2011 6:24 PM
STEPHANIE MILLER (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Glad to see the SOJs. Sorry I was arguing in Spgfld this week, then on trial today. I'm meeting the Alan on
Monday.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook County State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Friday, May 13, 2011 10:51 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Any status updates on our Fultz matter? FYI I will be SOJing him on Monday on the case involving the 65 y/o man in
Grant Park.
From: MARY BOLAND (States Attorney)
Sent: Tuesday, May 03, 2011 7:16 AM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
Okay, thanks Stephanie. I'll look for the docs.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of

34

 this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Monday, May 02, 2011 1:31 PM
To: MARY BOLAND (States Attorney)
Cc: PATTI SUDENDORF (States Attorney)
Subject: RE: Fultz
Judge sentenced the defendant to a total of 18 years for the 8 counts of ACSAb. He gave the defendant 6 for each
docket number and ran them consecutive to each other. I ordered a daily copy of the transcript and am packing up the
entire files and sending them your way with the transcripts. Just let me know if you need anything else and please keep
me posted on how things are going.
Thanks again for everything!
Steph
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 12:57 PM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
I think I'll just take everything at this point.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 12:41 PM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Do you just want all of the transcripts or anything additional?
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 9:24 AM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
My pleasure. Good luck on Monday. Since Alan has given me a conditional go ahead, please box up the record that you
have now and send it to me Interoffice
Call me Mon!

35

 Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 8:25 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any

36

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, May 13, 2011 9:39 AM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D wing significant activity 5.13.11
Significant Activity 5.13.10.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

1 jury in Linn this week...A win.
2 possible juries next week.
Pat

42

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

STEPHANIE MILLER (States Attorney)
Friday, May 13, 2011 9:30 AM
PATTI SUDENDORF (States Attorney)
RE: Significant Activity Please!!!

Follow Up Flag:
Flag Status:

Follow up
Flagged

(65 y/o man sodomized and robbed in Grant Park) is set for arraignment on Monday in front of Judge
Linn. Michelle Papa has the case so I'm not doing an official significant activity sheet but wanted to give you a heads up
that this will be the first SOJ.
From: PATTI SUDENDORF (States Attorney)
Sent: Friday, May 13, 2011 8:07 AM
To: ANNETTE MILLEVILLE (States Attorney); KARIN DOOLEY (States Attorney); PATRICIA SHEA (States Attorney);
MICHELLE PAPA (States Attorney); MARY BREGENZER (States Attorney); SABRA EBERSOLE (States Attorney);
STEPHANIE MILLER (States Attorney); DAWN WELKIE (States Attorney); JOHN CARROLL JR. (States Attorney)
Subject: Significant Activity Please!!!
Need by noon Thanks,
Patti

43

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

ELIZABETH BALLARD (States Attorney)
Monday, May 09, 2011 2:24 PM
SHAUNA BOLIKER (States Attorney);SALLY DALY (States Attorney);TANDRA SIMONTON
(States Attorney);LISA GORDON (States Attorney);ANDREW CONKLIN (States Attorney)
FABIO VALENTINI (States Attorney);JOSEPH MAGATS (States Attorney)
Significant Activity
5-9-11.DOC

Follow Up Flag:
Flag Status:

Follow up
Flagged

Attached is the significant activity for the week of May 2-6, 2011. Thank You.
Elizabeth Ballard
Administrative Assistant to,
Fabio Valentini, Chief
Criminal Prosecutions Bureau
Cook County State's Attorney's Office
773-674-2720 Office
773-674-2382 Fax
elizabeth.ballard@cookcountyil.gov

44

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, May 06, 2011 5:06 PM
SHAUNA BOLIKER (States Attorney);WALTER HEHNER (States Attorney);SALLY DALY
(States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
report.significant.activity.upcoming.may9.may13.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Here is the report detailing upcoming significant and potential media cases.
Please call with any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

45

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, May 06, 2011 10:47 AM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D Significant Activity 5.6.11
Significant Activity 5.6.10.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

We may have a busy next week...
Pat
ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440

46

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

MARY BOLAND (States Attorney)
Tuesday, May 03, 2011 7:17 AM
STEPHANIE MILLER (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Okay, thanks Stephanie. I'll look for the docs.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631
E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Monday, May 02, 2011 1:31 PM
To: MARY BOLAND (States Attorney)
Cc: PATTI SUDENDORF (States Attorney)
Subject: RE: Fultz
Judge sentenced the defendant to a total of 18 years for the 8 counts of ACSAb. He gave the defendant 6 for each
docket number and ran them consecutive to each other. I ordered a daily copy of the transcript and am packing up the
entire files and sending them your way with the transcripts. Just let me know if you need anything else and please keep
me posted on how things are going.
Thanks again for everything!
Steph
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 12:57 PM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
I think I'll just take everything at this point.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631
47

 E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 12:41 PM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Do you just want all of the transcripts or anything additional?
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 9:24 AM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
My pleasure. Good luck on Monday. Since Alan has given me a conditional go ahead, please box up the record that you
have now and send it to me Interoffice
Call me Mon!
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 8:25 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is

.
48

 Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

49

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:

STEPHANIE MILLER (States Attorney)
Monday, May 02, 2011 1:31 PM
MARY BOLAND (States Attorney)
PATTI M SUDENDORF (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Judge sentenced the defendant to a total of 18 years for the 8 counts of ACSAb. He gave the defendant 6 for each
docket number and ran them consecutive to each other. I ordered a daily copy of the transcript and am packing up the
entire files and sending them your way with the transcripts. Just let me know if you need anything else and please keep
me posted on how things are going.
Thanks again for everything!
Steph
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 12:57 PM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
I think I'll just take everything at this point.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 12:41 PM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Do you just want all of the transcripts or anything additional?
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 9:24 AM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz

52

 My pleasure. Good luck on Monday. Since Alan has given me a conditional go ahead, please box up the record that you
have now and send it to me Interoffice
Call me Mon!
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 8:25 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
53

 Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

54

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:

JOHN BLAKEY (States Attorney)
Monday, May 02, 2011 11:13 AM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney)
JOHN BLAKEY (States Attorney)
Potential media Cases - Special Pros

Follow Up Flag:
Flag Status:

Follow up
Flagged

Aside from the next Fenger case up for jury on Friday May 6th (Judge Ford), Special Pros has the following potential
media cases this week:

.
P. v.
(CSA and Custodial Sexual Misconduct). This is up on May 5, 2011 for a c+c bench trial
before Judge Linn. It concerns the parole agent and oral sex with a parolee.

Thanks.

55

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

STEPHANIE MILLER (States Attorney)
Friday, April 29, 2011 11:00 AM
ANNA TRUJILLO (States Attorney)
Significant activity
fultz.joseph.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

56

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

MARY BOLAND (States Attorney)
Thursday, April 28, 2011 12:57 PM
STEPHANIE MILLER (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

I think I'll just take everything at this point.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 12:41 PM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Do you just want all of the transcripts or anything additional?
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 9:24 AM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
My pleasure. Good luck on Monday. Since Alan has given me a conditional go ahead, please box up the record that you
have now and send it to me Interoffice
Call me Mon!
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any

57

 attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 8:25 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is
Make sure to order the daily transcript and get it to me ASAP as I need to file the
Motion for Sup.Order within 30 days.

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

58

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

STEPHANIE MILLER (States Attorney)
Thursday, April 28, 2011 12:41 PM
MARY BOLAND (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Do you just want all of the transcripts or anything additional?
From: MARY BOLAND (States Attorney)
Sent: Thursday, April 28, 2011 9:24 AM
To: STEPHANIE MILLER (States Attorney)
Subject: RE: Fultz
My pleasure. Good luck on Monday. Since Alan has given me a conditional go ahead, please box up the record that you
have now and send it to me Interoffice
Call me Mon!
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 8:25 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
59

 Good news. I met with Alan Spellberg today and he is

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

60

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

MARY BOLAND (States Attorney)
Thursday, April 28, 2011 9:24 AM
STEPHANIE MILLER (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

My pleasure. Good luck on Monday. Since Alan has given me a conditional go ahead, please box up the record that you
have now and send it to me Interoffice
.
Call me Mon!
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

From: STEPHANIE MILLER (States Attorney)
Sent: Thursday, April 28, 2011 8:25 AM
To: MARY BOLAND (States Attorney)
Subject: RE: Fultz
Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

61

 I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

62

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

STEPHANIE MILLER (States Attorney)
Thursday, April 28, 2011 8:25 AM
MARY BOLAND (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Thank you, thank you, thank you for everything that you've done to help with this! I'll keep you posted.
Steph
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is incline

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

63

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:

PATTI SUDENDORF (States Attorney)
Wednesday, April 27, 2011 5:19 PM
MARY BOLAND (States Attorney)
STEPHANIE MILLER (States Attorney)
RE: Fultz

Follow Up Flag:
Flag Status:

Follow up
Flagged

Mary Thanks so much for all your work on this!
From: MARY BOLAND (States Attorney)
Sent: Wednesday, April 27, 2011 4:02 PM
To: PATTI SUDENDORF (States Attorney)
Cc: STEPHANIE MILLER (States Attorney)
Subject: Fultz
Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

64

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

MARY BOLAND (States Attorney)
Wednesday, April 27, 2011 4:03 PM
PATTI SUDENDORF (States Attorney)
STEPHANIE MILLER (States Attorney)
Fultz
mandamus.mmo.doc

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hi Patti & Stephanie:
Good news. I met with Alan Spellberg today and he is

Motion for Sup.Order within 30 days.

Make sure to order the daily transcript and get it to me ASAP as I need to file the

I will be out of the office on Friday, but call me Monday and let me know what happened.
I attach a copy of the memo I wrote to Alan about this case.
Mary L. Boland
Assistant State's Attorney
Complex Sex Crimes Specialist
Criminal Appeals Division
Cook County State's Attorney's Office
Daley Center
Chicago, IL 60602
312/ 603-7631

E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. This e-mail and any attachments
might contain information that is confidential, legally privileged or otherwise protected or exempt from disclosure under applicable law. If you are not a named recipient, or if
you are named but believe that you received this e-mail in error, please notify the sender immediately by telephone or return e-mail and promptly delete this e-mail and any
attachments and copies thereof from your system. If you are not the intended recipient, please be aware that any copying, distribution, dissemination, disclosure or other use of
this e-mail and any attachments is unauthorized and prohibited. Your receipt of this message is not intended to waive any applicable privilege or claim of confidentiality, and
any prohibited or unauthorized disclosure is not binding on the sender or the Cook Count State's Attorney's Office. Thank you for your cooperation.

65

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

ELIZABETH BALLARD (States Attorney)
Monday, April 25, 2011 5:09 PM
SHAUNA BOLIKER (States Attorney);SALLY DALY (States Attorney);TANDRA SIMONTON
(States Attorney);LISA GORDON (States Attorney);ANDREW CONKLIN (States Attorney)
FABIO VALENTINI (States Attorney);JOSEPH MAGATS (States Attorney)
Significant Activity
4-25-11.DOC

Follow Up Flag:
Flag Status:

Follow up
Flagged

Attached is the significant activity from the week of April 18-22, 2011, as well as, a few upcoming cases from
this week that were not on Friday's report. Thank You.
Elizabeth Ballard
Administrative Assistant to,
Fabio Valentini, Chief
Criminal Prosecutions Bureau
Cook County State's Attorney's Office
773-674-2720 Office
773-674-2382 Fax
elizabeth.ballard@cookcountyil.gov

84

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

JOSEPH MAGATS (States Attorney)
Monday, April 25, 2011 11:53 AM
SHAUNA BOLIKER ANDREWS (States Attorney);WALTER HEHNER (States Attorney)
Judge Linn Case

Follow Up Flag:
Flag Status:

Follow up
Flagged

I've read the transcript of the argument and ruling where Judge Linn reduced a jury's guilty verdict on 8 counts of PCSAss
to ACSAbuse. There was a 9th guilty verdict of PCSAss which was thrown out in its entirety. On that count we conceded
that there was no evidence to support a guilty verdict on that count.
As to the other 8, the Judge began his ruling noting and not criticizing (his words) the fact that the defendant had receive
a natural life sentence without regard for any circumstances in the defendant's life. Judge Linn stated that he felt that
there was criminal conduct on the part of the defendant and that the defendant sexually molested each of the three
victims in the case. He said that he would have given lesser included instructions had they been asked for. He also said
that the defendant was represented competently. Judge Linn stated that the facts of the case "bore out" sexual contact
rather than penetration and that he would reduce the convictions to ACS Abuse. He also stated that the defendant would
be sentenced "significantly" for what he did.
Thanks,
Joe

85

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:
Attachments:

JOSEPH MAGATS (States Attorney)
Wednesday, April 20, 2011 8:11 AM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);FABIO VALENTINI (States
Attorney)
Fultz Transcript
Fultz Transcript.tif

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello everyone,
Attached is a copy of the Fultz transcript which I received yesterday. This is the case where Judge Linn reduced
eight PCSA counts to ACS Abuse and dismissed a ninth PCSA count. Mary Boland in Appeals has the transcript and is
looking at our options.
Thanks,
Joe

86

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:
Attachments:

JOSEPH MAGATS (States Attorney)
Wednesday, April 20, 2011 8:11 AM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER ANDREWS (States
Attorney);WALTER HEHNER (States Attorney);DANIEL KIRK (States Attorney);FABIO
VALENTINI (States Attorney)
Fultz Transcript
Fultz Transcript.tif

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello everyone,
Attached is a copy of the Fultz transcript which I received yesterday. This is the case where Judge Linn reduced
eight PCSA counts to ACS Abuse and dismissed a ninth PCSA count. Mary Boland in Appeals has the transcript and is
looking at our options.
Thanks,
Joe

87

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

ELIZABETH BALLARD (States Attorney)
Tuesday, April 19, 2011 10:17 AM
SHAUNA BOLIKER (States Attorney);SALLY DALY (States Attorney);TANDRA SIMONTON
(States Attorney);LISA GORDON (States Attorney);ANDREW CONKLIN (States Attorney)
FABIO VALENTINI (States Attorney);JOSEPH MAGATS (States Attorney)
Significant Activity
4-18-11.DOC

Follow Up Flag:
Flag Status:

Follow up
Flagged

Attached is the significant activity for the week of April 11-15, 2011. Sorry for the delay. Thank You.
Elizabeth Ballard
Administrative Assistant to,
Fabio Valentini, Chief
Criminal Prosecutions Bureau
Cook County State's Attorney's Office
773-674-2720 Office
773-674-2382 Fax
elizabeth.ballard@cookcountyil.gov

88

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

STEPHANIE MILLER (States Attorney)
Friday, April 15, 2011 4:05 PM
PATTI SUDENDORF (States Attorney)
RE: Significant Activity please
; fultz.joseph.docx

Follow Up Flag:
Flag Status:

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Flagged

Sorry this is late!
From: PATTI SUDENDORF (States Attorney)
Sent: Friday, April 15, 2011 9:58 AM
To: KATHLEEN MULDOON (States Attorney); ANNETTE MILLEVILLE (States Attorney); KARIN DOOLEY (States Attorney);
MARY BREGENZER (States Attorney); MICHELLE PAPA (States Attorney); DAWN WELKIE (States Attorney); SABRA
EBERSOLE (States Attorney); STEPHANIE MILLER (States Attorney)
Subject: Significant Activity please
Anything this past week or coming up next week?
Please get to me by 11:30 if possible.
Patti

89

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

JOSEPH MAGATS (States Attorney)
Thursday, April 14, 2011 10:13 AM
SHAUNA BOLIKER (States Attorney)
RE: Another Judge Linn Issue

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I'm here so call when you are ready.
Joe
From: SHAUNA BOLIKER (States Attorney)
Sent: Thursday, April 14, 2011 9:58 AM
To: ANITA ALVAREZ (States Attorney); JOSEPH MAGATS (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: RE: Another Judge Linn Issue
Joe,
I have been talking to Bastone about this issue. Why dont we talk about this when you have a chance.
I will call you in a minute
thx
Shaun

Shauna L. Boliker
First Assistant State's Attorney
Cook County State's Attorney's Office
69 W. Washington, 32nd Floor
Chicago, Illinois 60602
Telephone: (312) 603-1881
Fax: (312) 603-4708
From: ANITA ALVAREZ (States Attorney)
Sent: Thursday, April 14, 2011 9:28 AM
To: JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney);
DANIEL KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Re: Another Judge Linn Issue

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,

90

 Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

91

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

SHAUNA BOLIKER (States Attorney)
Thursday, April 14, 2011 9:58 AM
ANITA ALVAREZ (States Attorney);JOSEPH MAGATS (States Attorney);WALTER HEHNER
(States Attorney);DANIEL KIRK (States Attorney);FABIO VALENTINI (States Attorney)
RE: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Joe,
I have been talking to Bastone about this issue. Why dont we talk about this when you have a chance.
.
I will call you in a minute
thx
Shaun

Shauna L. Boliker
First Assistant State's Attorney
Cook County State's Attorney's Office
69 W. Washington, 32nd Floor
Chicago, Illinois 60602
Telephone: (312) 603-1881
Fax: (312) 603-4708
From: ANITA ALVAREZ (States Attorney)
Sent: Thursday, April 14, 2011 9:28 AM
To: JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney);
DANIEL KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Re: Another Judge Linn Issue

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
92

 Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

93

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

SHAUNA BOLIKER (States Attorney)
Thursday, April 14, 2011 9:58 AM
ANITA ALVAREZ (States Attorney);JOSEPH MAGATS (States Attorney);WALTER HEHNER
(States Attorney);DANIEL KIRK (States Attorney);FABIO VALENTINI (States Attorney)
RE: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Joe,
I have been talking to Bastone about this issue. Why dont we talk about this when you have a chance.
.
I will call you in a minute
thx
Shaun

Shauna L. Boliker
First Assistant State's Attorney
Cook County State's Attorney's Office
69 W. Washington, 32nd Floor
Chicago, Illinois 60602
Telephone: (312) 603-1881
Fax: (312) 603-4708
From: ANITA ALVAREZ (States Attorney)
Sent: Thursday, April 14, 2011 9:28 AM
To: JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney);
DANIEL KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Re: Another Judge Linn Issue

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
94

 Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

95

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

DANIEL KIRK (States Attorney)
Thursday, April 14, 2011 9:38 AM
FABIO VALENTINI (States Attorney);ANITA ALVAREZ (States Attorney);JOSEPH MAGATS
(States Attorney);SHAUNA BOLIKER (States Attorney);WALTER HEHNER (States
Attorney)
Re: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Agreed
From: FABIO VALENTINI (States Attorney)
Sent: Thursday, April 14, 2011 09:37 AM
To: ANITA ALVAREZ (States Attorney); JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER
HEHNER (States Attorney); DANIEL KIRK (States Attorney)
Subject: RE: Another Judge Linn Issue
2nd time he has done this recently. If the transcripts make it clear that he is going out of his way on these natural life
cases, may be we should
.
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

From: ANITA ALVAREZ (States Attorney)
Sent: Thursday, April 14, 2011 9:28 AM
To: JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney);
DANIEL KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Re: Another Judge Linn Issue

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
96

 Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

97

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

DANIEL KIRK (States Attorney)
Thursday, April 14, 2011 9:38 AM
FABIO VALENTINI (States Attorney);ANITA ALVAREZ (States Attorney);JOSEPH MAGATS
(States Attorney);SHAUNA BOLIKER (States Attorney);WALTER HEHNER (States
Attorney)
Re: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Agreed
From: FABIO VALENTINI (States Attorney)
Sent: Thursday, April 14, 2011 09:37 AM
To: ANITA ALVAREZ (States Attorney); JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER
HEHNER (States Attorney); DANIEL KIRK (States Attorney)
Subject: RE: Another Judge Linn Issue
2nd time he has done this recently. If the transcripts make it clear that he is going out of his way on these natural life
cases, may be we should
.
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

From: ANITA ALVAREZ (States Attorney)
Sent: Thursday, April 14, 2011 9:28 AM
To: JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney);
DANIEL KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Re: Another Judge Linn Issue

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
98

 Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

99

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

FABIO VALENTINI (States Attorney)
Thursday, April 14, 2011 9:37 AM
ANITA ALVAREZ (States Attorney);JOSEPH MAGATS (States Attorney);SHAUNA
BOLIKER (States Attorney);WALTER HEHNER (States Attorney);DANIEL KIRK (States
Attorney)
RE: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

2nd time he has done this recently. If the transcripts make it clear that he is going out of his way on these natural life
cases, may be we should consider
.
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

From: ANITA ALVAREZ (States Attorney)
Sent: Thursday, April 14, 2011 9:28 AM
To: JOSEPH MAGATS (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney);
DANIEL KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Re: Another Judge Linn Issue

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov
100

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

ANITA ALVAREZ (States Attorney)
Thursday, April 14, 2011 9:29 AM
JOSEPH MAGATS (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);FABIO VALENTINI (States
Attorney)
Re: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

101

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

ANITA ALVAREZ (States Attorney)
Thursday, April 14, 2011 9:29 AM
JOSEPH MAGATS (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);FABIO VALENTINI (States
Attorney)
Re: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

What is his problem ? This is getting out of hand with him.
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

102

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

DANIEL KIRK (States Attorney)
Thursday, April 14, 2011 9:26 AM
JOSEPH MAGATS (States Attorney)
Re: Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Thanks Joe. Keep us updated on this. We are going to have to do something. He is getting worse. 
From: JOSEPH MAGATS (States Attorney)
Sent: Thursday, April 14, 2011 08:58 AM
To: ANITA ALVAREZ (States Attorney); SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney); DANIEL
KIRK (States Attorney); FABIO VALENTINI (States Attorney)
Subject: Another Judge Linn Issue
Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

103

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

JOSEPH MAGATS (States Attorney)
Thursday, April 14, 2011 8:58 AM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);FABIO VALENTINI (States
Attorney)
Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

104

 GLORI BOND (States Attorney)
From:
Sent:
To:

Subject:

JOSEPH MAGATS (States Attorney)
Thursday, April 14, 2011 8:58 AM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER ANDREWS (States
Attorney);WALTER HEHNER (States Attorney);DANIEL KIRK (States Attorney);FABIO
VALENTINI (States Attorney)
Another Judge Linn Issue

Follow Up Flag:
Flag Status:

Follow up
Flagged

Hello everyone,
Judge Linn and his aversion to natural life sentences appear to have struck again yesterday. The defendant is Joseph
Fultz, 09CR-21033-35, who a jury convicted in February of Pred. Crim. Sex. Ass. In ruling on the defense motion for new
trial, he reduced the defendant's convictions from Pred. Crim Sex. Assault to Agg. Crim. Sex. Abuse. The defendant was
facing a natural life sentence. ASA Stefanie Miller tried the jury. Rather than proceed to sentencing, we ordered the
transcript and took a short date to May 2nd to determine whether there is any action we can take. Mary Boland from
appeals is looking at the issue.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

105

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:
Attachments:

ELIZABETH BALLARD (States Attorney)
Monday, April 11, 2011 3:46 PM
SHAUNA BOLIKER (States Attorney);SALLY DALY (States Attorney);TANDRA SIMONTON
(States Attorney);LISA GORDON (States Attorney);ANDREW CONKLIN (States Attorney)
FABIO VALENTINI (States Attorney);JOSEPH MAGATS (States Attorney)
Significant Activity
4-11-11.DOC

Follow Up Flag:
Flag Status:

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Flagged

Attached is the significant activity for the week of April 4-8, 2011. Thank You.
Elizabeth Ballard
Administrative Assistant to,
Fabio Valentini, Chief
Criminal Prosecutions Bureau
Cook County State's Attorney's Office
773-674-2720 Office
773-674-2382 Fax
elizabeth.ballard@cookcountyil.gov

106

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Attachments:

FABIO VALENTINI (States Attorney)
Friday, April 08, 2011 4:00 PM
ANITA ALVAREZ (States Attorney);SHAUNA BOLIKER (States Attorney);WALTER
HEHNER (States Attorney);DANIEL KIRK (States Attorney);SALLY DALY (States Attorney)
JOSEPH MAGATS (States Attorney);ELIZABETH BALLARD (States Attorney)
report.significant.activity.upcoming.apr11.apr15.doc

Follow Up Flag:
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Follow up
Flagged

Hello all,
here is report of upcoming significant and / or potential media cases for next week.

Please call with any questions.
Thanks,
Fabio Valentini
Chief, Criminal Prosecutions Bureau
Office of the Cook County State's Attorney
773 674-2720 or 2723

107

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

STEPHANIE MILLER (States Attorney)
Friday, April 08, 2011 4:44 PM
PATTI M SUDENDORF (States Attorney)
E.C. memo
memo.ec.doc

Follow Up Flag:
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Flagged

Hope this is what you were looking for.

108

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, April 08, 2011 10:23 AM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
12 D significant activity week of 4.4.11
Significant Activity 4.8.11.docx

Follow Up Flag:
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Flagged

3 juries this week. Jury in Cannon may finish today: they picked yesterday.
Pat
ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440

109

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

STEPHANIE MILLER (States Attorney)
Friday, April 08, 2011 8:50 AM
PATTI M SUDENDORF (States Attorney)
Significant Activity
fultz.joseph.docx;

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Flag Status:

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Flagged

110

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

JOSEPH MAGATS (States Attorney)
Wednesday, April 06, 2011 7:07 AM
SHAUNA BOLIKER (States Attorney)
RE: James Larry

Follow Up Flag:
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Follow up
Flagged

all i can say is that it was something else! 
________________________________________ 
From: SHAUNA BOLIKER (States Attorney) 
Sent: Wednesday, April 06, 2011 12:07 AM 
To: JOSEPH MAGATS (States Attorney) 
Subject: Re: James Larry 
 
I heard Jim did quite a plea! 
S 
 
From: JOSEPH MAGATS (States Attorney) 
Sent: Tuesday, April 05, 2011 11:39 AM 
To: SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney) 
Subject: James Larry 
 
James Larry pled guilty today but was not sentenced.  Judge Linn was in the middle of a jury and wanted to do the 
sentencing at a later date.  A PSI was ordered and the sentencing will be on May 4th.  Larry pled to five counts of 1st 
Degree Murder, regarding each murder victim, 3 counts of Att. 1st Deg. Murder as to each surviving victim and 2 counts 
of intentional homicide of an unborn child because two of the murder victims were pregnant. 
 
Thanks, 
 
Joe 

111

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

SHAUNA BOLIKER (States Attorney)
Wednesday, April 06, 2011 12:08 AM
JOSEPH MAGATS (States Attorney)
Re: James Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

I heard Jim did quite a plea! 
S
From: JOSEPH MAGATS (States Attorney)
Sent: Tuesday, April 05, 2011 11:39 AM
To: SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney)
Subject: James Larry
James Larry pled guilty today but was not sentenced. Judge Linn was in the middle of a jury and wanted to do the
sentencing at a later date. A PSI was ordered and the sentencing will be on May 4th. Larry pled to five counts of 1st
Degree Murder, regarding each murder victim, 3 counts of Att. 1st Deg. Murder as to each surviving victim and 2 counts
of intentional homicide of an unborn child because two of the murder victims were pregnant.
Thanks,
Joe

112

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

DANIEL KIRK (States Attorney)
Tuesday, April 05, 2011 1:16 PM
SALLY DALY (States Attorney);ANITA ALVAREZ (States Attorney)
Re: Jmaes Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

. 
From: SALLY DALY (States Attorney)
Sent: Tuesday, April 05, 2011 01:12 PM
To: ANITA ALVAREZ (States Attorney); DANIEL KIRK (States Attorney)
Subject: FW: Jmaes Larry

Sally Daly
Director of Communications
Cook County State's Attorney's Office
email: sally.daly@cookcountyil.gov
direct: 312-603-1839
PLEASE NOTE that my email address has changed : sally.daly@cookcountyil.gov
From: JOSEPH MAGATS (States Attorney)
Sent: Tuesday, April 05, 2011 12:03 PM
To: TANDRA SIMONTON (States Attorney)
Cc: SALLY DALY (States Attorney)
Subject: Jmaes Larry
Tandra,
Here is the breakdown of the plea:
Five counts of first degree murder:
Keyshai Fields: defendant's niece, age 16, pregnant
Kelesha Larry: defendant's niece, age 3
Tawana Thompson Larry, wife, age 19, pregnant
Leona Larry, defendant's mother, age 57
Jihad Larry, defendant's son, age 7 months
Three counts of attempt first degree murder:
: defendant's niece, 12 years old (shot at but not hit)
: no relation to defendant, 35 years old (shot at but pistol did not fire)
: defendant's nephew, 13 years old (shot in the face)
113

 Two counts of intentional homicide of an unborn child for each of the unborn children of Keyshai Fields and Tawana
Thompson Larry.
The only sentence on the murders is natural life.
On the attempt murders of
and
sentencing range is 31-natural life.

the sentencing range is 26-80 years. On the attempt murder of

the

On the intentional homicides of an unborn child the sentencing range is 20-60 years.
The bottom line is that Larry will be sentenced to natural life.
We were originally seeking death on the case but given the governor's abolition of the death penalty and the defendant's
absolute right to plead guilty, natural life is the only sentence available on the murder charges in this case. Had the
governor not abolished the death penalty, we would have continued to seek death in this case as it was and should still
be the only appropriate penalty in this case.
The sentencing will be on May 4th in Judge Linn's courtroom. We should have some victim impact statements read and
the defendant will be sentenced. If you need anything else, please call.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

114

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

SALLY DALY (States Attorney)
Tuesday, April 05, 2011 1:13 PM
ANITA ALVAREZ (States Attorney);DANIEL KIRK (States Attorney)
FW: Jmaes Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

.

Sally Daly
Director of Communications
Cook County State's Attorney's Office
email: sally.daly@cookcountyil.gov
direct: 312-603-1839
PLEASE NOTE that my email address has changed : sally.daly@cookcountyil.gov
From: JOSEPH MAGATS (States Attorney)
Sent: Tuesday, April 05, 2011 12:03 PM
To: TANDRA SIMONTON (States Attorney)
Cc: SALLY DALY (States Attorney)
Subject: Jmaes Larry
Tandra,
Here is the breakdown of the plea:
Five counts of first degree murder:
Keyshai Fields: defendant's niece, age 16, pregnant
Kelesha Larry: defendant's niece, age 3
Tawana Thompson Larry, wife, age 19, pregnant
Leona Larry, defendant's mother, age 57
Jihad Larry, defendant's son, age 7 months
Three counts of attempt first degree murder:
: defendant's niece, 12 years old (shot at but not hit)
: no relation to defendant, 35 years old (shot at but pistol did not fire)
: defendant's nephew, 13 years old (shot in the face)
Two counts of intentional homicide of an unborn child for each of the unborn children of Keyshai Fields and Tawana
Thompson Larry.
The only sentence on the murders is natural life.

115

 On the attempt murders of
and
sentencing range is 31-natural life.

the sentencing range is 26-80 years. On the attempt murder of

the

On the intentional homicides of an unborn child the sentencing range is 20-60 years.
The bottom line is that Larry will be sentenced to natural life.
We were originally seeking death on the case but given the governor's abolition of the death penalty and the defendant's
absolute right to plead guilty, natural life is the only sentence available on the murder charges in this case. Had the
governor not abolished the death penalty, we would have continued to seek death in this case as it was and should still
be the only appropriate penalty in this case.
The sentencing will be on May 4th in Judge Linn's courtroom. We should have some victim impact statements read and
the defendant will be sentenced. If you need anything else, please call.
Thanks,
Joe
Joe Magats, ASA
Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

116

 GLORI BOND (States Attorney)
From:
Sent:
To:
Cc:
Subject:

JOSEPH MAGATS (States Attorney)
Tuesday, April 05, 2011 12:04 PM
TANDRA SIMONTON (States Attorney)
SALLY DALY (States Attorney)
Jmaes Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

Tandra,
Here is the breakdown of the plea:
Five counts of first degree murder:
Keyshai Fields: defendant's niece, age 16, pregnant
Kelesha Larry: defendant's niece, age 3
Tawana Thompson Larry, wife, age 19, pregnant
Leona Larry, defendant's mother, age 57
Jihad Larry, defendant's son, age 7 months
Three counts of attempt first degree murder:
: defendant's niece, 12 years old (shot at but not hit)
: no relation to defendant, 35 years old (shot at but pistol did not fire)
: defendant's nephew, 13 years old (shot in the face)
Two counts of intentional homicide of an unborn child for each of the unborn children of Keyshai Fields and Tawana
Thompson Larry.
The only sentence on the murders is natural life.
On the attempt murders of
and
sentencing range is 31-natural life.

the sentencing range is 26-80 years. On the attempt murder of

the

On the intentional homicides of an unborn child the sentencing range is 20-60 years.
The bottom line is that Larry will be sentenced to natural life.
We were originally seeking death on the case but given the governor's abolition of the death penalty and the defendant's
absolute right to plead guilty, natural life is the only sentence available on the murder charges in this case. Had the
governor not abolished the death penalty, we would have continued to seek death in this case as it was and should still
be the only appropriate penalty in this case.
The sentencing will be on May 4th in Judge Linn's courtroom. We should have some victim impact statements read and
the defendant will be sentenced. If you need anything else, please call.
Thanks,
Joe
Joe Magats, ASA
117

 Deputy Chief, Criminal Prosecutions Bureau
2650 S. California Ave., 11D40
Chicago, Illinois 60608
(773) 674-2722
Fax: (773) 674-2382
email: joseph.magats@cookcountyil.gov

118

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

JOSEPH MAGATS (States Attorney)
Tuesday, April 05, 2011 11:39 AM
SHAUNA BOLIKER ANDREWS (States Attorney);WALTER HEHNER (States Attorney)
James Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

James Larry pled guilty today but was not sentenced. Judge Linn was in the middle of a jury and wanted to do the
sentencing at a later date. A PSI was ordered and the sentencing will be on May 4th. Larry pled to five counts of 1st
Degree Murder, regarding each murder victim, 3 counts of Att. 1st Deg. Murder as to each surviving victim and 2 counts
of intentional homicide of an unborn child because two of the murder victims were pregnant.
Thanks,
Joe

119

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

JOSEPH MAGATS (States Attorney)
Monday, April 04, 2011 9:19 AM
SHAUNA BOLIKER (States Attorney)
RE: James Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

Thanks. 
 
Joe 
 
________________________________________ 
From: SHAUNA BOLIKER (States Attorney) 
Sent: Monday, April 04, 2011 9:15 AM 
To: JOSEPH MAGATS (States Attorney) 
Subject: RE: James Larry 
 
Joe, 
I toally agree.  I will just run it past Anita as I am not sure she is really aware of what I am doing with these cases, and I 
will get back to you asap! 
Shauna 
Shauna L. Boliker 
First Assistant State's Attorney 
Cook County State's Attorney's Office 
69 W. Washington, 32nd Floor 
Chicago, Illinois 60602 
Telephone: (312) 603‐1881 
Fax: (312) 603‐4708 
________________________________________ 
From: JOSEPH MAGATS (States Attorney) 
Sent: Friday, April 01, 2011 9:05 AM 
To: SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney) 
Subject: James Larry 
 
Shauna and Walt, 
 
Just a reminder, James Larry is up in front of Judge Linn on Tuesday.  Jim McKay and I are handling the case.  Larry killed 
five members of his family, two of whom were pregnant, and tried to kill three other family members in April of last 
year.  Larry had converted to Islam and claimed that Allah had told him to do the killings.  The day after Gov. Quinn 
abolished the death penalty, Larry's PD, Sue Smith called Jim and told him that Larry would be pleading guilty on April 
5th.  All of Larry's mental health exams that Smith had requested came back fit/sane/able to waive.  I don't see anything 
to be gained by persisting in seeking the death penalty.  The case is less than a year old and if we did continue to seek 
death, the case could easily just be continued to past July 1st.  If you think that we should still seek death and not take 
the plea on Tuesday, please let me know.  I told Sally Daly about what could potentially be happening with the case on 
Tuesday. 
 
Thanks, 
120

 Joe

121

GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

SHAUNA BOLIKER (States Attorney)
Monday, April 04, 2011 9:15 AM
JOSEPH MAGATS (States Attorney)
RE: James Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

Joe, 
I toally agree.  I will just run it past Anita as I am not sure she is really aware of what I am doing with these cases, and I 
will get back to you asap! 
Shauna 
Shauna L. Boliker 
First Assistant State's Attorney 
Cook County State's Attorney's Office 
69 W. Washington, 32nd Floor 
Chicago, Illinois 60602 
Telephone: (312) 603‐1881 
Fax: (312) 603‐4708 
________________________________________ 
From: JOSEPH MAGATS (States Attorney) 
Sent: Friday, April 01, 2011 9:05 AM 
To: SHAUNA BOLIKER (States Attorney); WALTER HEHNER (States Attorney) 
Subject: James Larry 
 
Shauna and Walt, 
 
Just a reminder, James Larry is up in front of Judge Linn on Tuesday.  Jim McKay and I are handling the case.  Larry killed 
five members of his family, two of whom were pregnant, and tried to kill three other family members in April of last 
year.  Larry had converted to Islam and claimed that Allah had told him to do the killings.  The day after Gov. Quinn 
abolished the death penalty, Larry's PD, Sue Smith called Jim and told him that Larry would be pleading guilty on April 
5th.  All of Larry's mental health exams that Smith had requested came back fit/sane/able to waive.  I don't see anything 
to be gained by persisting in seeking the death penalty.  The case is less than a year old and if we did continue to seek 
death, the case could easily just be continued to past July 1st.  If you think that we should still seek death and not take 
the plea on Tuesday, please let me know.  I told Sally Daly about what could potentially be happening with the case on 
Tuesday. 
 
Thanks, 
 
Joe 

122

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:
Attachments:

PATRICK MCGUIRE (States Attorney)
Friday, April 01, 2011 9:28 AM
ELIZABETH BALLARD (States Attorney);FABIO VALENTINI (States Attorney);JOSEPH
MAGATS (States Attorney)
Significant Activity for week of 3.28.11 12 D Wing
Significant Activity 4.1.11.docx

Follow Up Flag:
Flag Status:

Follow up
Flagged

We had 1 jury this week. 1 plea to Natural Life. 2 possible juries next week.
Pat

ASA Patrick M. McGuire
Cook County State's Attorney's Office
Supervisor, 12 D Wing
2650 S. California Ave.
Room 12 D 30
Chicago, IL 60608
(W) 773-674-3443
(Fax) 773-674-4440

123

 GLORI BOND (States Attorney)
From:
Sent:
To:
Subject:

JOSEPH MAGATS (States Attorney)
Friday, April 01, 2011 9:05 AM
SHAUNA BOLIKER ANDREWS (States Attorney);WALTER HEHNER (States Attorney)
James Larry

Follow Up Flag:
Flag Status:

Follow up
Flagged

Shauna and Walt, 
 
Just a reminder, James Larry is up in front of Judge Linn on Tuesday.  Jim McKay and I are handling the case.  Larry killed 
five members of his family, two of whom were pregnant, and tried to kill three other family members in April of last 
year.  Larry had converted to Islam and claimed that Allah had told him to do the killings.  The day after Gov. Quinn 
abolished the death penalty, Larry's PD, Sue Smith called Jim and told him that Larry would be pleading guilty on April 
5th.  All of Larry's mental health exams that Smith had requested came back fit/sane/able to waive.  I don't see anything 
to be gained by persisting in seeking the death penalty.  The case is less than a year old and if we did continue to seek 
death, the case could easily just be continued to past July 1st.  If you think that we should still seek death and not take 
the plea on Tuesday, please let me know.  I told Sally Daly about what could potentially be happening with the case on 
Tuesday. 
 
Thanks, 
 
Joe 

124

 1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
BUREAU
STATE’S ATTORNEY

CRIMINAL PROSECUTIONS
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Shauna Boliker
First Assistant State’s Attorney

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Significant Activity Reports for week of April 4-8, 2011

Date: April 11, 2011

1. 12 C Wing
Courtroom:

602

Judge:

Sacks

Case Name:
Case Number:
ASAs:

Jeff Allen and Megan Mulay

Charge(s):
Synopsis of the case:

.
Disposition: Verdict Guilty-First Degree Murder (Evening hours, April 7, 2011).
Sentencing: May 4, 2011

 2

2. 12 D Wing
Courtroom:

700

Judge:

Linn

Case Number: 10CR-10406
Case Name:

James Larry

ASAs:

James McKay and Joseph Magats

Charge(s):
First Degree Murder x 5, Intention Homicide of an Unborn Child x 2,
Attempt First Degree Murder x 3
Synopsis of the case: D pled guilty to select charges after being advised by the court that he
faced a mandatory minimum sentence of Natural Life.
NEXT COURT DATE: May 4, 2011 for sentencing

Courtroom

303/ 700

---Farmed out from Linn’s courtroom

Judge:

Thaddeus Wilson

Case#:
Case Name:
ASAs:

Joe Latanzio and Yolanda Lippert

Charge:
Synopsis of the case:

Disposition: On April 5, 2011, the jury found the defendant not guilty.

Courtroom:

700

Judge:

James Linn

Case Name:
Case Number:

 3

ASAs: Maria Augustus and Vicki Klegman
Charge(s):

Aggravated Battery/Police Officer

Synopsis of the case: The defendant’s father attempted to elude police after committing a traffic
violation (no seat belt & incorrect license plate). Police pursued the father to his home where
other police joined the chase. Police followed the driver into the home. Upon entry, a Sgt. saw
this Defendant in a bedroom wearing boxer shorts and believed that the defendant was the
driver. The Defendant refused to come out of the bedroom and got into a physical
confrontation with the Sgt. The Sgt. was not injured, and the charges are based on “insulting
or provoking nature.” The defendant’s younger family members joined into the fray. The
defendant ran out of the building and was tackled in the street by officers. Two juvenile cooffenders have been found not guilty. At that trial, the Sgt. did say that he felt soreness a couple
of days later. Andre Grant represents both Ds. Note:
received $6 million from the
city after being falsely accused in the Ryan Harris case. During a 402 conference, Judge Linn
indicated that he would find the defendants guilty of misdemeanor battery. Case is proceeding
to jury trial because the defense (Andre Grant) wants an all out not guilty. Perhaps they intend
to sue CPD again.
NOTE:
was one of the juveniles that had been arrested and later released in the
Ryan Harris case and was set to get over 6 million dollars the next day after this happened.
Disposition: On April 6, 2011, the jury convicted both defendants

3. Sex Crimes
Courtroom:

500

Judge:

Gaughan

Case Name:
Case Number: 1
ASAs:

Stephanie Miller

Charge(s):
Synopsis of the case:

Disposition: April 5, 2011 D pled guilty to Attempt Criminal Sex Abuse for 30 month sex
offender probation and registration. V and family both satisfied with disposition.

Courtroom:

702

 4

Judge:

Ford

Case Name:
Case Number:
ASAs:

Mary Jackovac

Charge:
Synopsis of the case:

.
Disposition: On April 1, 2011, D pled guilty to 30 years concurrent with

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs: Erica Dillon and Kelly Grekstas
Charges:

Aggravated Criminal Sexual Assault

Synopsis of the case: D targeted homeless woman (V) as she walked along the lakefront.
Defendant sexually assaulted victim orally and rectally and attempted to penetrate her vaginally
but was unable to complete the act. Defendant was identified by codis association to another
rape he committed two weeks later in the same area of a transsexual victim. Defendant was
convicted of that rape and sentenced to 45 years by Judge Hennelly in 2008. On April 5, 2011
Defendant pled guilty to an additional 12 years IDOC on this rape for a total of 57 years IDOC
at 85%.

4. Special Litigation
Courtroom:

402

Judge:

Clay

Case Name:

 5

Case Number:
ASAs:

Kurt Smitko

Charge(s):
Synopsis of the case:

Disposition: Motion to Dismiss Granted

Courtroom:

308

Judge:

Sheehan

Case Name:
Case Number:
ASAs:

Barb Plitz

Charge(s):

.

Synopsis of the case:

Disposition: Motion to Dismiss Granted.

 6

Courtroom:

704

Judge:

Claps

Case Name:
Case Number:
ASAs:

Barb Plitz

Charge(s):

.

Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

Skokie

Judge:

Howard

Case Name:
Case Number:
ASAs:

Megan Meenan

Charge(s):

.

Synopsis of the case:

.
Disposition: Petition dismissed

Courtroom:

606

Judge:

Porter

Case Name:
Case Number:
ASAs:

Linda Walls

 7

Charge(s):
Synopsis of the case:

.
Disposition: Petition dismissed

Courtroom:

3A15

Judge:

Walsh

Case Name:
Case Number:
ASAs:

Megan Meenan

Charge(s):
Synopsis of the case:

5. First Municipal
Courtroom:

46

Judge:

Burch

Case Name:
Case Number:
ASAs: Lee
Charge(s):
Synopsis of Case:

Courtroom:

Branch 43

Judge:

Skryd

 8

Case Name:
Case Number:
ASAs:

Chessick and Longe

Charge(s):
Synopsis of Case:

Courtroom:

Branch 43

Judge:

Skyrd

Case Name:
Case Number:
ASAs:

Chessick and Longe

Charge(s):
Synopsis of Case:
.

Courtroom:

Branch 43

Judge:

Skyrd

Case Name:
Case Number:
ASAs:

Chessick and Longe

Charges:
Synopsis of the case:
.

Courtroom:

Branch 43

Judge:

Skryd

Case Name:

 9

Case Number:
ASAs:

Chessick and Longe

Charge:
Synopsis of the case:

Courtroom:

Branch 35

Judge:

Brewer

Case Name:
Case Number:
ASA:

Burnett

Charge:
Synopsis of Case:

6. District 3
Courtroom:

109

Judge:

Thomas Fecarotta

Case Name:
Case Number: 1
ASAs:

Michael Andre and Michael Gerber

Charge(s):

Synopsis of the case:

 10

.
Disposition:
.

7. District 4
Courtroom:

105

Judge:

Love

Case Name:
Case Number:
ASAs:

Barb Bailey and Gina Vanasco

Charge(s):
Synopsis of the case:

Disposition:

Courtroom:

107

Judge:

Kipperman

Case Name:
Case Number:
ASAs: Maureen O’Brien and Joe Hodal
Charge(s):
Synopsis of the case:

Courtroom:

103 Misdemeanor Jury

 11

Case Name:
Case Number:
ASAs: Joe Dibella and Carmen Forte (ASA Forte’s 1st Jury)
Charge(s):
Disposition:

8. District 5
Courtroom:

101

Judge:

Hyland

Case Name:
Case Number:
ASA:

Cheryl Gavin

Charge(s):
Synopsis of the case:

Disposition:

9. District 6
Courtroom:

108

Judge:

Zelezinski

Case Name:
Case Number:
ASAs: Geri D’Souza and Torrie Corbin,
Charge(s):
Synopsis of the case:

 

Disposition?

 

12

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
BUREAU
STATE’S ATTORNEY

CRIMINAL PROSECUTIONS
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Shauna Boliker
First Assistant State’s Attorney

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Significant Activity Report for the week of April 11-15, 2011

Date: April 19, 2011

1. 12 B Wing
Courtroom:

704

Judge:

Claps

Case Name:
Case Number:
ASAs:

Mike Golden Kimellen Chamberlain

Charge(s):
Synopsis of the case:

.

 2

Judge:

Lacy

Case Name:
Case Number:
ASA:

Marina Para

Charge(s):
Synopsis of the case:

2. 12 C Wing
Courtroom:

202

Judge:

Burns

Case Name:
Case Number:
ASAs:

Frank Marek, Dave Weiner and Jennifer Bagby

Charge(s):
Synopsis of the case:
.
DISPOSITION:

3. 12 D Wing
Courtroom:

504

Judge:

Mike Brown

Case Name:
Case Number:

 3

ASAs: Greg Ahern and Shelley Keane
Charge(s):
Synopsis of the case:

.
Disposition:
NEXT COURT DATE:

4. Sex Crimes
Courtroom:

602

Judge:

Sacks

Case Name:
Case Number:
ASAs: Joy Repella and Patti Sudendorf
Charge(s):
Synopsis of the case:

Disposition:
.

Courtroom:

Markham /108

Judge:

Zelezinski

Case Name:

 4

Case Number:
ASA:

John Carroll

Charges:
Synopsis of the case:

Disposition:

Courtroom: 101- 26th Street
Judge: Sullivan
Case Name:

)

Case Number:
ASAs: Tom Sianis and Kathy Muldoon
Charge(s):
Synopsis of the case:

.

.

 5

Courtroom:

700

Judge:

Linn

Case Name:

Joseph Fultz

Case Number: 09CR-21033-5
ASAs:

Stephanie Miller

Charge(s):

PCSA

Synopsis of the case: D is the uncle to all 3 victims. From the time each victim was
approximately 6 y/o, the defendant would repeatedly
and
. As to 2 of the victims he would also
. D was convicted by
a jury of 9 counts of PCSA. On April 13, 2011 Judge Linn dismissed one of the counts and
converted the other 8 PCSA into ACSAb.

5. Traffic Division
Courtroom:

102 Br.3 26th St Traffic Prisoner Call

Judge:

Judge Kuriakos Ciesel

Case Name:
Case Number:
ASAs:

Michael Baker and Peter Goutos

Charge(s):
Synopsis of the case:

.

 6

6. First Municipal
Courtroom:

Branch 46

Judge:

Ryan

Case Name:
Case Number:
ASAs:

Mitrovic and Lee

Charge(s):
Synopsis of the case:

.

Courtroom:

Branch 46

Judge:

Burch

Case Name:
Case Number:
ASAs:

Mitrovic and Eckhart

Charges:
Synopsis of Case:
.

7. Domestic Violence
Courtroom:

404

Judge:

Brosnahan

Case Name:
Case Number:
ASAs:
Charge(s):

Mary Anna Planey

 7

Synopsis of the Case:

.

Courtroom:

606

Judge:

Porter

Case Name:
Case Number:
ASA:

Elizabeth Ciaccia

Charge(s):
Synopsis of the case:

Courtroom:

204

Judge:

McGinnis

Case Name:
Case Number:
ASAs:
Charge(s):

Smith and Cooperwood

 8

Synopsis of the case:

Courtroom:

404

Judge:

Brosnahan

Case Name:
Case Number:
ASAs:

Mary Anna Planey

Charge(s):
Synopsis of the Case:

Courtroom:

Branch 60

Judge:

Bertucci Smith

Case Name:
Case Number:
ASAs:

Maura White

Charge(s):
Synopsis of the case:

 9

Courtroom:

401

Judge:

Bourgeois

Case Name:
Case Number:
ASAs: Jennifer Sexton
Charge(s):
Synopsis of the case:

.

Courtroom:

204

Judge:

McGinnis

Case Name:
Case Number:
ASAs: Cooperwood and Smith
Charge(s):
Synopsis of the case:

 10

8. District 4
Courtroom:

107

Judge:

Kipperman

Case Name:
Case Number:
ASAs: Tom Kougias and Joe Hodal
Charge(s):
Synopsis of the case:

.
Disposition:

Courtroom:

108

Judge:

Tucker

Case Name:
Case Number:
ASAs:

Rich Albanese/Nick Albanese

Charge(s):
Synopsis of the case:
.
Disposition:

9. District 5
Courtroom:

107

 11

Judge:

William Kunkle

Case Name:
Case Number:
ASAs:

BJ Park and William Blumthal

Charge(s):
Synopsis of the case:

Disposition:
.

Courtroom:

101

Judge:

Hyland

Case Name:
Case Number:
ASAs: Mike Pekara and Jason Poje
Charge(s):
Synopsis of the case:

10. District 6
Courtroom:

105

Judge:

Panici

 12

Case Name:
Case Number:
ASAs: Brian Volkman and Mike Evans
Charge(s):
Synopsis of the case:

.

Courtroom:

105

Judge:

Panici

Case Name:
Case Number:
ASAs: Nick DeAngelo and Brian Volkman
Charge(s):
Synopsis of the case:

Courtroom:

107

Judge:

Flaherty

Case Name:
Case Number:
ASAs:

Clarissa Palermo and Cordelia Coppleson

Charge(s):
Synopsis of the case:

 13

 

 

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
BUREAU
STATE’S ATTORNEY

CRIMINAL PROSECUTIONS
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Shauna Boliker
First Assistant State’s Attorney

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Significant Activity Report for the week of May 2-6, 2011

Date: May 9, 2011

11 B Wing
Courtroom:

404

Judge:

Brosnahan

Case Name:
Case Number:
ASAs: Tim Carter and Suzi Collins
Charge(s):
Synopsis of the case:

 2

.

12 B Wing
Courtroom:

604

Judge:

Lacy

Case Name:
Case Number:
ASAs:

Dan Groth

Charge(s):
Synopsis of the case:

Courtroom:

702

Judge:

Ford

Case Name:
Case Number:
ASAs: Jim Papa, Kathy Bankhead, and Juvenile ASA
Charge(s):
Synopsis of the case:

 3

12 C Wing
Courtroom:

404 (Supplemental Call)

Judge:

Neera Walsh (from Judge Crane)

Case Name:
Case Number:
ASAs:

Megan Goldish and Karen Kerbis

Charge(s):
Disposition:
Synopsis of the case:

Courtroom:

202

Judge:

Burns

Case Name:
Case Number:
ASAs:

Jeff Allen and Tene McCoy Cummings

Charge(s):
Synopsis of the case:
.

12 D Wing
Courtroom:

205

Judge:

Thomas Hennelly

Case Name:
Case Number:
ASAs:

David Williams and Andreana Turano

 4

Charge(s):
Disposition:
Synopsis of the case:

Courtroom:

700

Judge:

James Linn

Case Name:

James Larry

Case Number: 10CR-9038
ASAs:

Jim McKay and Joe Magats

Charge(s):

Murder

Synopsis of the case: The defendant killed 5 family members. He plead guilty and was
sentenced to Natural Life on May 4, 2011.

Sex Crimes
Courtroom:

602

Judge:

Sacks

Case Name:
Case Number:
ASAs:

Mary Jackovac and Megan Mulay

Charge(s):
Synopsis of the case:

 5

.

Courtroom:

700

Judge:

Linn

Case Name:

Joseph Fultz

Case Number: 09CR-21033-5
ASAs:

Stephanie Miller

Charge(s):

PCSA

Synopsis of the case: Defendant sentenced to 18 years DOC on 8 separate counts of ACSAb.
This originally was a jury trial wherein the jury found the D guilty of 9 counts of PCSA. On
April 13, 2011 Judge Linn dismissed one of the counts and converted the other 8 PCSA into
ACSAb. FACTS: D is the uncle to all 3 victims. From the time each victim was approximately 6
y/o, the defendant would repeatedly
. As to 2 of
the victims he would also
.
NEXT COURT DATE: Appeals looking at transcripts/record for next steps

FRU:

Charges Approved May 1, 2011

Courtroom:

Br. 66

Case Name:
ASAs:

Tami Strickman—Sex Crimes/Felony Review

Charge(s):
Synopsis of the case:

.

 6

FRU:

Charges Approved May 5, 2011

Courtroom:

Br. 66

Judge:

Desierto

Case Name:
ASAs: Kathleen Muldoon, Amanda Pillsbury and FRU
Charge(s):

Synopsis of the case:

.

CAC FRU:

Charges Approved April 29, 2011

Judge:

Bond Court on April 30, 2011/ 1 million dollar bond

Case Name:
Case Number:
ASAs:

Jones and Milleville

Charge(s):
Synopsis of the case:

.

CAC FRU:

Charges Approved

 7

Case Name:
RD:
ASAs: Terry Clancy and Lisa Morrison
Charge(s):

ACSA, Unlawful Restraint

Synopsis of the case:

Courtroom:

101- Bridgeview

Judge:

McSweeney-Moore

Case Name:
ASAs:

Sianis

Charge(s):
Synopsis of the case:

.

Courtroom:

101- Rolling Meadows

Case Name:
ASAs:

Kwilos

Charge(s):
Synopsis of the case:

 8

.

Special Litigation
Courtroom:

500

Judge:

Gaughan

Case Name:
Case Number:
PD:

Jeffrey Walker

ASA:

Carol Rogala

Synopsis of the case:

.

Courtroom:

107 Markham

Judge:

Flaherty

Case Name:
Case Number:
Attorney:

Kirkland and Ellis

 9

ASA:

Linda Walls

Synopsis of the case:

Courtroom:

206

Judge:

Higgens

Case Name:
Case Number:
Attorney:

Loevy and Loevy

ASAs:

Darren O’Brien and Enrique Abraham

Synopsis of the case:

Courtroom:

107 Bridgeview

Judge:

Kunkle

Case Name:
Case Number:
ASA:

Mike McCormick

Synopsis of the case:

Courtroom:

101

Judge:

Biebel

Case Name:
Case Number:

 10

Attorney:

Karen Daniel-Northwestern

ASA:

Mike O’Brien

Synopsis of the case:

.

Domestic Violence
Courtroom:

307

Judge:

Slattery-Boyle

Case Name:
Case Number:
ASA:

Ricci

Charge(s):
Synopsis of the Case:

Courtroom:

606

Judge:

Porter

Case Name:
Case Number:
ASA:
Charge(s):

Elizabeth Ciaccia

 11

Synopsis of the case:

.

Courtroom:

104 Branch 62

Judge:

Murphy

Case Name:
Case Number:
ASA:

Ondera

Charge:
Synopsis of the case:

.

Courtroom:

Br. 60-301

Judge:

Bertucci- Smith

Case Name:

 12

Case Number:
ASAs:

Pierina Infelise (Rina)

Charge(s):
Synopsis of the case:

Judge:

Tourtelot

Case Name:
Case Number:
ASAs:

Gilford and Sengupta

Charge(s):
Synopsis of the case:

District 3
Courtroom:

109

Judge:

Thomas Fecarotta

Case Name:
Case Number:
ASAs:

Michael Gerber and Sanju Oommen

Charge(s):
Disposition:
Sentencing:
Synopsis of the case:

.

 13

.

District 4
Courtroom:

107

Judge:

Kipperman

Case Name:
Case Number:
ASAs: Tom Kougias and Joe Hodal
Charge(s):
Synopsis of the case:
.
NEXT COURT DATE:

District 6
Courtroom:

105

Judge:

Panici

Case Name:
Case Number:
ASAs: Brian Volkman and Mike Evans
Charge(s):
Synopsis of the case:

 14

 

 

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINAL PROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM
To:

Shauna Boliker
First Assistant State’s Attorney

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Significant Activity Report for the week of June 13-17, 2011

Date: June 20, 2011

1. 12 B Wing
Courtroom:

502

Judge:

Wadas

Case Name:
Case Number:
ASAs:

Greenstein and Reyna

Synopsis of the case:

Courtroom:

305

 2

Judge:

Coghlan

Case Name:
Case Number:
ASAs:

Senica and Howse

Charge(s):
Synopsis of the case:
.

2. 12 D Wing
Courtroom:

600

Judge:

Crane

Case name:
Case number:
ASAs:

Renee Thibault and Megan Goldish

Charge:
Synopsis of case:

Courtroom:

504

Judge:

Brown

Case Name:
Case Number:
ASAs:
Charge(s):

Mary Anna Planey and Marina Para

 3

Synopsis of the case:

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus and Michael Vojta

Charge(s):

Aggravated UUW- cl. 4

Synopsis of the case: August 24, 2010, Defendant was in a motorcycle accident at
and was taken by ambulance to Northwestern Memorial Hospital. A nurse discovered
a 9mm derringer, with two live rounds, in Defendant’s clothing while he was being treated in the
emergency room. Defendant has not been issued a valid FOID. On July 16, 2011, the jury found
the defendant guilty in 22 minutes.

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Paul Pavlus and Maria Augustus

Charge(s):

Attempt First Degree Murder, Aggravated Domestic Battery

Synopsis of the case: On January 8, 2010, the victim and the defendant were boyfriend and
Street and the police were called. A
girlfriend. They got into an argument at
hostage situation ensued during which the defendant shot his girlfriend (the victim) 4 times in the
buttocks. She survived. The defendant started a fire to cover up his deeds, but he was
unsuccessful. Note: One police officer accidently shot himself in the foot during the incident.
NEXT COURT DATE:

Courtroom:

700

 4

Judge:

Linn

Case Name:
Case Number:
ASAs:

Ruth Gudino

Charge(s):

ACSA

Synopsis of the case: Victim was walking home after getting off the bus from her friend’s house.
Defendant said hello to victim and walked past her. Defendant came up from behind victim and
pulled her off sidewalk to behind a house. D threatened victim and choked her as she called for
help. Defendant pulled victim’s pants down and
. Defendant then
flipped victim over and pulled out her tampon then
.
Defendant arrested after DNA kit.
NEXT COURT DATE: June 20, 2011 WFJ

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus and Michael Vojta

Charge(s):

Attempt First Degree Murder, Aggravated Battery Firearm

Synopsis of the case: December 16, 2009,
at approx 3pm, Defendant got into a
traffic dispute with Victims girlfriend. When Victim returned to his girlfriend’s car to see why
Defendant was yelling at her, Defendant fired four shots at Victim. Victim fled across Pulaski as
Defendant fired. When the owner of the car Defendant was driving was located, they identified
Defendant as having borrowed the car. Defendant was identified by the victim and witness.
Victim has some permanent damage to his leg from the gunshots.
NEXT COURT DATE:

Courtroom:

306

Judge:

Flood

Case#:
Case Name:
Charge:

 5

ASAs:

Bob Schwarz

Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

504

Judge:

Brown

Case Name:
Case Number:
ASAs:

Shelley Keane and Mike Vojta

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs:
Charge(s):

Kelly Grekstas and Yolanda Lippert

 6

Synopsis of the case:
.
NEXT COURT DATE:

3. Sex Crimes
Courtroom:

502

Judge:

Gaughan

Case Name:
Case Number:
ASAs:

Patricia A. Shea

Charge(s):
Synopsis of the case:

.

4. Special Litigation

.

  

 

 

 

 

 

 

 

 

 

9

5. Domestic Violence
Courtroom:

308

Judge:

Sheehan

Case Name:
Case Number:
ASA:

Ricci

Charge:
Synopsis of Case:

.

Courtroom:

Branch 62

Judge:

Steffan

Case Name:
Case Number:
ASAs:

Kersten, Ondera, Martin

Charge(s):
Synopsis of the case:

 10

.

Courtroom:

104

Judge:

Tourtelot

Case Name:
Case Number:
ASAs:

Sengupta and Gilford

Charge(s):
Synopsis of the case:

.

6. District 3
Courtroom:

110

Judge:

Hyman Reibman

Case Name:
Case Number:
ASAs:

Michael Clarke and Michael Andre

Charge(s):
Status:
Synopsis of the case:

:

sentencing date:

 11

7. District 4
Courtroom:

105

Judge:

Love

Case Name:
Case Number:
ASAs:

Barb Bailey and Gina Vanasco

Charge(s):
Synopsis of the case:

8. District 5

 12

Courtroom:

109

Judge:

Davy

Case Name:
Case No:
Charges:

ASA(s):

Leanna Rajk and Dan Piwowarczek
Michelle Fowler and James Sarros (
)

Synopsis of the case:

9. District 6
Courtroom:

103

Judge:

Simmons

Case Name:
Case Number:
ASAs:

Cordelia Coppleson and Jason Carlstedt

Charge(s):
Synopsis of the case:

 13

.

Courtroom:

203

Judge:

O’Hara

Case Name:
ASAs:

Jeanne Kolasa, Camilo Oceguera

Charge(s):
Synopsis of the Case:

.

Courtroom:

107

Judge:

Flaherty

Case Name:
Case Number:
ASAs:

Barry Quinn, Lynn Cusack

Charge(s):
Synopsis of the Case:

 14

 

 

 Hence 722th .
4.4g,? 

in mien at tn an FOURTH DIVISION
JUNE 16, 2011

No. l~09-1262

NOTICE: This order was ?led under Supreme Court Rule 23 and may not be cited as precedent
by any party except in the limited circumstances allowed under Rule 123(c)(1). .



 

IN THE
APPELLATE COURT OF ILLINOIS . 
FIRST JUDICIAL DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, Appeal from the
Circuit Court of
Plaintiff-Appellee, Cook County.

v. No. 08 CR 8944

Honorable
James B. Linn,
Judge Presiding.

Defendant-Appellant.

 

JUSTICE PUCINSKI delivered the judgment of the court.
Presiding Justice Lavin and Justice Sterbaconcurred in the judgment.
0 

Held: Where the victim?s identi?cation of defendant was positive, the. judgment was
af?rmed; where defendant's conviction for aggravated kidnaping was not ineldental to the
offense of robbery, the judgment was af?rmed; where the mittimus incorrectly shows that
defendant was convicted and sentenced to unlawful restraint, the judgment was modi?ed.

Following a bench trial, defendant?was convicted of aggravated
kidnaping, vehicular hijacking, aggravated battery, and robbery, and sentenced to respective,

concurrent prison terms of eight, seven, ?ve, and seven years. On appeal, defendant contends

that he was nOt proved guilty beyond a reasonable doubt because the victim's identi?cation of

 

 

1?09-1262

him was unreliable. In the alternative, defendant contends that his conviction for aggravated
kidnaping must be vacated because the asportation of the victim was incidental to his conviction
of robbery. Defendant also maintains that the mittimus should be amended to conform with the
trial court's oral pronouncement that his unlawful restraint conviction merged with the
aggravated kidnaping conviction. We af?rm as modi?ed.

At trial, the victim testi?ed that at about 7 p.m. on April 13, 2008, he
was driving a black van. When -stopped at the intersection of Ashland Avenue and 47th -
Street in Chicago, defendant, who was wearing a white t-shirt, approached put
what-thought was a gun to his?head, and told. that he was going to rob him. A
second man, wearing a black sweater with a hood, came in through the passenger door and took

-to the back of the van where he hit him. Defendant got into the driver's seat, took
-wallet, and drove around for about an hour and a half to two hours. During that time,
the offenders obtained- so that they could use his card. When the van
stopped at a gas station, defendant went into the back of the van and hit - The second
man went to the to withdraw money using -card. The offenders drove the van to
a store across the street, and the second man attempted to take out more money. After the
offenders were unable to withdraw more money, they let-out of the van, which they took.
-stated that he was able to view defendant?s face for about ?ve to six minutes during the
incident. -called the police, and, about an hour and a half later, they informed him that his
van was recovered. On April 19, 2008, -vent to the police station, viewed a line-up, and
identi?ed defendant.

Of?cer Brian McDevitt testi?ed that at about 9:40 pm. on April 18, 2008, he was at 5300

Ashland Avenue when he observed a black van that had crashed into a light pole. The two

occupants of the vehicle, one of whom was defendant, exited the van and ran away. McDevitt

1?09?1262

apprehended defendant, who was wearing a white t-shirt, after a short chase. McDevitt's partner
detained the second man. McDevitt learned that the van in question was involved in a vehicular
hijacking about an hour and a half prior to the accident. When McDevitt spoke to -on the
night in question-told him that one of the offenders pressed an unknown metal object
against his head when his van was hijacked.

The parties stipulated that on April 18, 2008, two withdrawals in the amount of $201.75
were made from the account linked to the card that was taken from- Those
withdrawals were made at the ?rst gas station where - was taken by the offenders. Four
additional charges were made to the card at different gas stations. The parties then
entered by way of stipulation a DVD with two separate surveillance videos from gas stations.
The videos portrayed the victim's van, an individual getting in and out of the van, and the same
individual withdrawing money. The parties stipulated that the individual was not defendant.

On behalf of the defense, Detective James Anderson testi?ed that he spoke to - on
April 18, 2008, following the incidents in question. -iescribed the ?rst offender to
Anderson as a 21-year old black man, ?ve feet, nine inches tall, 170 pounds, bald, brown eyes,
wearing a brown sweater and dark jeans. The second offender was a 22-year old black man, ?ve
feet, nine inches tall, 170 pounds, short hair, brown eyes, wearing sweat pants and a black
hooded sweatshirt. -a told Anderson that the offender who put what he thought was a gun
to his head was not defendant. -a1so told Anderson that the person who went to the
to retrieve money was defendant. Anderson prepared a report for this case where he
identi?ed the offenders by "offender 1" and "offender 2" because neither of the offenders were
initially identi?ed. After - positively identified defendant, Anderson amended his report
and crossed out "offender and wrote "offender l" in its place. Anderson indicated that he was

not sure who he was referring to as "offender 1" and "offender 2" in his report, and may have

 

1-09-1262

"?ip-?opped it."

Following the evidence, the trial court found defendant guilty of vehicular hijacking,
robbery, kidnaping, aggravated kidnaping premised on holding- for ransom, aggravated
battery, and unlawful restraint. The court indicated that unlaw?il restraint merged with
kidnaping, and kidnaping merged with aggravated kidnaping. In ?nding defendant guilty, the
court stated that - described defendant, who he positively identi?ed in a line-up, as the
driver of the van. When defendant crashed the van, he showed consciousness of guilt and ran
away.

On appeal, defendant challenges -identi?cation of him as one of the offenders,
arguing that there were crucial discrepancies between defendant?s actual description and the
- description that-provided to police following the robbery. Defendant maintains that the
State's evidence did not establish guilt beyond a reasonable doubt, especially where - in-
court identi?cation of defendant was unreliable.

Where, as here, defendant challenges the sufficiency of the evidence to sustain his
conviction, the question for the reviewing court is whether, after viewing the evidence in the light
most favorable to the State, any rational trier of fact could have found the essential elements of
the crime beyond a reasonable doubt. People v. Ross, 229 Ill. 2d 255, 272 (2008). This standard
recognizes the responsibility of the trier of fact to resolve con?icts in testimony, weigh the
evidence, and draw reasonable inferences therefrom. People v. Campbell, 146 Ill. 2d 363, 375
(1992). A reviewing court will not set aside a criminal conviction unless the evidence is so
unreasonable or improbable as to raise a reasonable doubt of defendant's guilt. People v. Hall,
194 Ill. 2d 305, 330 (2000).

Unless an eyewitness identi?cation by a single witness is vague or doubtful, the

identi?cation by a single witness will sustain a cenviction provided that the witness viewed the

 

1?09-1262

accused under circumstances that would allow a positive identi?cation to be made. People v.
Sullivan, 366 Ill. App. 3d 770, 782 (2006). In assessing the reliability of the identi?cation, the
court considers the following factors: (1) the opportunity the witness had to View the criminal at
the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior
description of the criminal; (4) the level of certainty demonstrated by the witness at the
identi?cation confrontation; and (5) the length of time between the crime and the identi?cation
confrontation. People v. Lewis, 165 Ill. 2d 305, 356 (1995).

Applying these factors to the evidence in this case, we conclude that the court could have
found beyond a reasonable doubt that-identi?cation of defendant was reliable. Sullivan,
366 Ill. App. 3d at 782-83.

Here, defendant maintains that-identi?cation of defendant does not meet the ?ve
factors enumerated in Lewis. We disagree. The evidence presented showed that - had an
adequate opportunity to view defendant. -testi?ed'that he was able to View defendant's
face for about ?ve to six minutes, and he was with defendant inside of the van for almost two
hours. After the offenders released -, they crashed his van into a light pole and were
detained by police the same evening. The following morning, -went to the police station,
viewed a line-up, and positively identi?ed defendant as the person who kidnaped him.

We disagree with defendant's assertion that-in-court identi?cation of defendant
was so inconsistent with the prior description of the offenders he provided to police, that it raised
a reasonable doubt of his guilt. Defendant speci?cally points to-testimony at trial that
defendant was wearing a white t?shirt, which contradicted his prior description to police that one
offender was wearing a brown sweater, and the other a black hooded sweatshirt. Defendant also
indicates that -hysical description of the offenders did not match him where -

was wrong about his age, height, weight, dress, and omitted any mention of facial hair.

 

1?09?1262

Defendant particularly emphasizes the fact that- described defendant as bald when, at the
time of the incident, he had hair. Moreover, Anderson testi?ed that- told him on the night
of the incident that defendant was the man who went to the which the parties agree was
not true.

- inconsistent descriptions of defendant following the incident do not establish
that -denti?cation was vague or doubtful. To the extent that there are inconsistencies
between what-told police regarding defendant's description, and what he testi?ed to at
trial, only the weight of his testimony is affected. See People v. Romero, 384 Ill. App. 3d 125,
133 (2008) (where the description of the defendant did not match the defendant's physical
description, the court held that the discrepancies were not fatal). Moreover, we note that there
was confusion in the report generated by Anderson regarding which offender committed which
acts, and thus Anderson's testimony regarding - description of defendant being the
individual who used the is not certain.

Most importantly,- made a positive identi?cation of defendant the morning
following the incident, and there is no indication in the record that-wavered in making
the identi?cation. Illinois law has consistently held that the presence of discrepancies or
omissions in a witness' description of the accused do not in and of themselves generate a
reasonable doubt as long as a positive identi?cation has been made. People v. Slim, 127 Ill. 2d
302, 309 (1989); see, People v. Zambrano, 188 Ill. App. 3d 432, 441-442 (1989) (?nding
that although the witness failed to give a speci?c description of his assailant, and contradicted his
initial description of defendant's clothing at trial, a reasonable doubt was not raised where a
positive identi?cation was made). Therefore, the inconsistencies in -description of
defendant do not establish that his identi?cation of defendant was insuf?cient.

Defendant next contends that his conviction for aggravated kidnaping must be vacated

 

1-09-1262

where the asportation of-was entirely incidental to the offense of robbery.

To determine whether an asportation rises to the level of kidnaping as a separate offense,
courts consider the duration of the asportation, whether the aSportation occurred during the
commission of a separate offense, whether the asportation that occurred is inherent in the
separate offense, and whether the asportation created a signi?cant danger to the victim
independent of that posed by the separate offense. People v. Watson, 342 Ill. App. 3d 1089, 1098 I
(2003). 

Applying these factors to the instant case, we ?nd that the asportation satis?es the
duration factor. - testi?ed that he was forced into the back of his van by two offenders,
and was told that he was going to be robbed. After taking his wallet, the men drove defendant
around for approximately two hours, stopping at several to withdraw -money.

See PeOple v. Castano, 212 Ill. App. 3d 680, 687 (1991) (holding that a one and a half block
walk at knife point was suf?cient for asportation).

In considering whether the asportation occurred during the commission of a separate
offense, defendant- maintains that when the facts and circumstances of the case are considered in
their totality, it is clear that the gist of this case was the robbery, such that the asportation of

- occurred during the commission of the robbery. The State, however, maintains that the
robbery, the taking of_wallet and its contents, occurred soon after the offenders
commandeered his van. According to the State, the asportation and detention of- was
only essential for what occurred after the robbery, the effort to obtain additional money by
using-'ATM" card.

In evaluating whether separate acts were committed in this case, we ?nd People v. Lurks,

241 Ill. App. 3d 819 (1993), instructive. In Lurks, the defendant and a second man grabbed the

victim, forced her into an alley, and took her ring. The men then took her to a nearby abandoned

'1-09?1262

building where they raped her and removed a knife from her bag. Defendant was convicted of
aggravated sexual assault, aggravatedkidnaping, and armed robbery. On appeal, the defendant
contended that his aggravated kidnaping conviction should be vacated because the asportation
was incidental to the robbery. He speci?cally maintained that the robbery was not complete until
the second man removed the knife from the victim's bag. This court held, however, that the
defendant showed two separate acts of robbery, not one continuing robbery. Lurks, 241 Ill. App.
3d at 826. The ?rst act of robbery preceded the asportation, and the second act occurred after the
asportation was complete. Lurks, 241 Ill. App. 3d at 826: We thus found that the aggravated
kidnaping was sufficiently distinct from the other offenses to support the separate conviction.
Lurks, 241 Ill. App. 3d at 826.

Similarly, in this case, the robbery, zie. the taking of-wallet, occurred before the
asportation began. After -wallet was taken, the offenders had the card and
- gave them his The aggravated kidnaping occurred during which defendant was
essentially held for ransom and forcibly taken to several gas stations where the offenders used his
card to withdraw money. Therefore, the aSportation and detention of -1 was only
essential for what occurred after his wallet was taken, and thus the second factor was satis?ed.
See People v. Siguenza-Brito, 235 Ill. 2d 213, 226 (2009) (holding that because the aSportation
occurred prior to, rather than during the crime, the second factor was satis?ed).

In evaluating the third factor, we note that in order for asportation or detention to be
inherent in a separate offense, it must constitute an element of that offense. People v. Quintana,
332 Ill. App. 3d 96, 108 (2002). Here, the third factor is satis?ed where the forced movement of
-from one location to another is not inherent in the offense of robbery. See 720 ILCS
5/ 1 8-1 est 2008). After defendant took -wallet, defendant drove him to several
locations and used-"ATM" card to withdraw money. -could have been released

 

1-09-1262

after his van and wallet were taken from him. We thus disagree with defendant?s claim that the
detention of- was required to complete the robbery.

Finally, the fourth factor is satis?ed because the asportation of-Josed a signi?cant
danger which was independent of the robbery. A victim con?ned within a moving vehicle is
subject to the possibility that an accident might occur, or the victim might injure himself
attempting to escape. Furthermore, the chances of being transported to a deserted place also
substantially increase the risk of harm above that present in a robbery alone. People v. Thomas,
163 Ill. App. 3d 670, 679 (1987). Therefore, forcibly taking control of-van and driving
him around created a potential risk of harm to -that was substantially increased above that
necessarily present in the crime of robbery itself.

Based on these factors, we conclude that the evidence was suf?cient to sustain a
conviction for aggravated kidnapping separate from the offense of robbery.

In reaching this conclusion, we ?nd People v. Smith, 91 Ill. App. 3d 523 (1980), relied on
by defendant, distinguishable from the case at bar. In Smith, 91 Ill. App. 3d at 529, the
defendants? restraint and detention of their victim was necessary to the commission of robbery
where they forced themselves into the victim's car and drove the victim around before robbing
him. We thus reversed the aggravated kidnaping conviction. Smith, 91 Ill. App. 3d at 529.

Here, however, defendant's wallet was taken, and then he was essentially held for ransom and
driven against his will to several locations where the men took money out of his account with his
card. It was not necessary for defendant to con?ne-n order to take his wallet.
Instead, defendant con?ned -after the robbery, in order to obtain additional money.

We further reject defendant's argument that there is an "inequity inheren in permitting
defendant to be convicted of aggravated kidnaping, where he committed the lesser offense of

robbery. As stated above, defendant committed both the offenses of robbery and aggravated

- maintain?. 1 

 

1?09-1262

kidnaping. Because a defendant who commits more than one criminal act in a criminal episode
may be prosecuted for more than one offense (People v. Muhammad, 257 Ill. App. 3d 359, 369
(1993)), we ?nd no injustice in ?nding defendant guilty ofboth robbery and aggravated
kidnaping.

Defendant ?nally contends, and the State concedes, that his mittimus must be corrected to
re?ect the trial court's ?nding that defendant's unlawful restraint conviction merged into
aggravated kidnaping. A reviewing court has authority under Illinois Supreme Court Rule
615(b)(1) (eff. Aug 27, 1999), to correct?a mittimus to accurately re?ect a defendant's
convictions. People v. Matthews, 362 Ill. App. 3d 953, 968 (2005).

Here, the parties correctly agree that the mittimus should be corrected to re?ect that the
unlawful restraint offense merged into aggravated kidnaping. It is well settled that where the
common law record con?icts with the report of proceedings, the report of proceedings controls. .
People v. Peeples, 155 Ill. 2d 422, 496 (1993). Here, the trial court explicitly stated that the
unlaw?ll restraint offense merged into the aggravated kidnaping conviction. However, the
mittimus indicates defendant was sentenced to three years' imprisonment for unlawful restraint.
Therefore, the mittimusshould be corrected to re?ect that there was no sentence or conviction
for unlawful restraint. .

For the foregoing reasons, we af?rm the judgment of the trial court.

Af?rmed; mittimus corrected.

.. 10 

 prior to the time for ?ling of
a Petition tor Rehearing or

the disposition of the 9am. - THIRD DIVISION I
. June 15, 2011

Hence 
The text mm mny Q. 1/
be changed or corrected 

No. 1-09-2920

NOTICE: This order was ?led under Supreme Court Rule 23 and may not be cited as precedent
by any party except in the limited circumstances allowed under Rule 

 

I INTI-IE

APPELLATE COURT OF ILLINOIS 6 r! 0
FIRST JUDICIAL DISTRICT 

 

THE PEOPLE OF THE STATE OF ILLINOIS, Appeal from the Circuit Court

of Cook County, Illinois.
Plaintiff-Appellee,

V.

Defendant-Appellant.

No. 07 CR 13795

Honorable James B. Linn,
Judge Presiding.

 

JUSTICE MURPHY delivered the judgment of the court.
Justices Neville and Steele concurred in the judgment.
ORDER

HELD: Where evidence showed suf?cient circumstantial evidence that any rational trier of

fact could have found the essential elements of the crimes beyond a reasonable doubt, the

State proved defendant guilty beyond a reasonable doubt of involuntary manslaughter of a

family member and possession of a stolen motor vehicle.

Following a bench trial, defendant?, was convicted of involuntary
manslaughter of a family member (720 ILCS (West 2008)) and possession of a stolen

vehicle (720 ILCS (West 2008)). Defendant?s convictions related to incidents on

August 26, 2006, involving defendant and the victim, her roommate Defendant, 25

 

No. 1-09-2920

years? old on that date and- who would have turned 50 years? old on August 27, 2006, had
an altercation that afternoon. Later that night, defendant was pulled over in Kenosha, Wisconsin,
and arrested for driving while intoxicated while drivin- black Mitsubishi Eclipse. On June
28, 2006, .was found dead in her apartment in Chicago, Illinois.

Defendant was sentenced to concurrent terms of eight and seven years? imprisonment for
the two convictions, respectively. Defendant now appeals, arguing that the State failed to prove
her guilty beyond a reasonable doubt because it only presented circumstantial evidence against
her. Defendant argues that without any confession, eyewitnesses or strong physical evidence
linking her to the crimes, the trial court erred in ?nding her guilty of involuntary manslaughter of a
family member and possession of a stolen vehicle. For the following reasons, we af?rm
defendant?s convictions.

I. BACKGROUND

Defendant was charged by indictment of two counts of ?rst degree murder and one count
of possession of a stolen motor vehicle stemming from an August 26, 2006, incident with her
roommate_ On August 28, 2006, .was found dead in her condominium on the
49th ?oor of Park Tower Condominiums (PTC) at 6415 North Sheridan Road, Chicago, Illinois.
Following a bench trial, the trial court found defendant guilty of the lesser included offense of
involuntary manslaughter of a family member. Defendant also was found guilty of possession of a
stolen motor vehicle related to her unauthorized use and possession of - vehicle, a black
convertible Mitsubishi Eclipse.

Following the break-up of a ?ve?year relationship with her boyfriend, 

defendant moved from Kenosha to Chicago in the summer of 2005. Defendant, who was three

-2-

N0. 1-09-2920

months pregnant, stayed with her brother,?, who also resided at PTC.
-had been close ?iends with .for approximately?seven years at this time and he

introduced -to defendant. He stated that defendant and-", a lesbian, developed a close

?iendship but did not state that it advanced beyond a ?'iendship. According to- defendant

and .would occasionally have verbal spats, but over the course of time the two began to

drink heavily and their altercations would turn physical. -remained close ?-iends with-

until she was killed and spoke with her some time between noon and 4 pm. on August 26, 2006.

also lived at PTC and was ??iends with-before defendant moved into the
building. - began dating defendant during the summer of 2006. At the time of trial,-
was still dating defendant. In addition,_ was living at PTC with defendant?s 3-year-old
child from another man and her 18-month?old child with -

.did not like the fact that-was dating defendant and she told him that he was
not good for defendant. - stated that cut so far as to threaten to have others
physically harm him if he continued dating defendant or informing authorities that he had violated
the terms of his parole. During the afternoon of August 26, 2006, -and defendant went on
a date. The two had a few dn'nks at two different restaurants before returning to PTC at around 5
pm. -returned to his residence and he assumed that defendant returned to 
residence, where defendant was living.

-, a close friend of. for over 40 years testi?ed that she talked with
-between 5 and 6 pm. on August 26, 2006.- called -because the next day was
her birthday and she wanted to see what she was doing. At around 6:30 pm, - received a

voice message from defendant. Defendant sounded intoxicated and - heard yelling in the

background before he heard a bang or a thump. Defendant said something and hung up the

-3-

 

No. 1?09-2920

telephone. Phone records indicated that six phone calls were placed ?'om-telephone to
defendant?s brother from 7:26 pm. to 7:35 pm, eight calls were to defendant?s father,-

between 7:35 pm. and 9:15 pm that night, and two calls at 8:09 pm. and 9:15
pm. were made to the garage at PTC.

?nd_ both valets at PTC, testi?ed that they were working in
the garage at PTC on August 26, 2006, when - received a call from defendant at around
8:30 pm. requesting- car. Both men were familiar with defendant and Wolf. In fact,
earlier in August, -1ad sent a note that defendant was not allowed to use her car, a black
Mitsubishi Eclipse convertible. -told -that he would take care of the situation
because -was concerned that defendant would make a scene if she was not allowed to
tak-car.

Defendant soon arrived in the parking garage and told- that she needed- car
to go to the airport. Defendant had her son, a couple of bags, diapers and clothes on hangers.
-informed defendant that she did not have permission to use- car and they would not
retrieve the car for her. Defendant became irate and yelled at - and- that she would
have them ?red. Defendant used the garage telephone to call -apartment, but she said that
she did not get an answer.

Defendant listed some of the reasons that-would not give her the car, one being that
defendant would not sleep with her. Defendant informed .at she would do anything to
get the car and asked if there was anything she could do or anything he wanted in exchange for
getting the car. - re?lsed to give defendant the car and she went to talk with-, who

was watching her baby outside the o?ice. .called his manager and then - a

building security of?cer. -tated that defendant approached him and tried to kiss him, but

-4-

N0. 1?09-2920
he refused her advance and returned to the of?ce and informed -

-reported to the garage immediately after receiving the call that defendant was irate
at around 8:30 pm. -arrived to ?nd defendant yelling at .nd -. Defendant
informed -that she needed the car to go to work, but -told her that she needed -
permission to have the car released to her. -assisted defendant to the elevators with her
carrying her son in a car seat and two garbage bags and a duffel bag full of her belongings. -
noticed on the elevator that defendant smelled of alcohol. He helped her get her belongings off
the elevator, but defendant re?ised his offer of assisting her back to - apartment.

-inquired into where .was and defendant told him that she was at Todi?no?s
Pizzeria. After dropping defendant off,- went to Todino?s to ?nd- - was unable
to ?nd-at the restaurant and none of the patrons knew where she was. -returned to the
garage and told-that- car was not to be released to defendant unless. actually
spoke with him to authorize her to use the car. -

a doorman at PTC, testi?ed that he was ?iends with - and
discussed this incident with -. - testi?ed that-old him that when he dropped
defendant off on the 49th ?oor, he heard a woman yell ?'om - apartment, ?[g]et your drunk
ass inside the apartment.? -testi?ed that he did not recall this transaction with - or
hearing that in the hallway.

Phone records indicated that a call was placed from -apartment to the parking
garage at 9:15 pm. and -testi?ed that the person on the phone stated that it was-and
that defendant could use her car. -believed that it was-who had called and he then

asked- to get- car for defendant. - admitted that, while he believed it was

-and while he had spoken to -over the phone many times and knew her voice, he could

 

N0. 1-09?2920

not be absolutely certain that it was her. Defendant came down and left the garage in - car
at 9:23 pm. -bank records indicate that $50 was withdrawn from the bank next door to 
PTC at 9:25 pm, leaving a balance of $14.86 in her account.

At approximately .10: 17 pm, Trooper Michael Poupart of the Wisconsin State Patrol
clocked a black Mitsubishi at 85 miles per hour and pulled it over west of Kenosha, Wisconsin. In
court, he identi?ed defendant as the driver. Defendant showed signs of intoxication and Trooper
Poupart gave her a ?eld sobriety test, which she failed. Defendant also agreed to a preliminary
. breath sample and her blood alcohol concentration was measured at 166. He testi?ed that
defendant told him that she went to sleep at 3 pm. with her son and took a 2.5 hour nap before
having drinks at her roommate? 5 house.

Defendant called her uncle to care for her son and she was placed into custody and
transported to the Kenosha jail. Trooper Poupart did not notice any injuries on defendant.
Defendant was processed by Angie Gonzalez who also testi?ed that she did not observe any
injuries and defendant did not state that she was suifering any medical problems or injuries.

Bank records for - accounts re?ected additional attempts to withdraw ?nds from
ATMs. Each of the attempted withdrawals occurred in Kenosha, Wisconsin, on August 27, 2006.
The withdrawal requests were for: (1) $100 at 2:46 am; (2) $80 at 2:47 am; (3) $60 at 2:48
am; (4) $40 at 4:14 pm; and $40 at 4:32 pm.

-nd--brother, each testi?ed that they
tried to cal- on August 27, 2006, to wish her a happy birthday but were unable to reach her.
When -was unable to contact - again on August 28, 2006, he contacted the police

to request they perform a well-being check. At approximately 2:05 pm, 

No. 1?09-2920

assistant manager of security and operations at PTC, went to-apartment to perform a well?
being check. When there was no answer, -entered the unit and found what appeared to be
a body lying on the bedroom ?oor and he contacted the door staff and requested they call 911.

At approximately 3: 15 pm. on August 28, 2006, Detective Jude Martinez of the Chicago
police department arrived on the scene with his partner. Martinez found .ying face down,
covered with a blanket that had numerous bloodstains and a chair or stepping stool on top of the

blanket. Several bloodstains around the room, including on the bedroom door and light switch,
some of which appeared to be partially wiped away, were swabbed by an evidence technician and
found to match defendant?s DNA profile. Martinez found drug paraphernalia associated with
crack usage in various areas of the apartment. I Martinez contacted defendant?s family and
interviewed- and -Lhat day. Detective Moriarty of the Chicago police department
testi?ed that she reviewed the messages left on- answering machine. The ?rst message on
the machine was from a female caller who said can?t get the carf? The next day,
Detective Martinez obtained copies of security camera footage from the elevators and parking
garage and the video was entered into evidence.
- called defendant on August 28, 2006, when he saw police at PTC and defendant

said that she was home and. was out. - again called defendant when he learned of

-death. Defendant was incoherent and - thought she sounded intoxicated. Defendant
said she would call him back and hung up the phone. - told police that defendant informed
him that she was in Kentucky, but stated at trial that she might have said Kenosha. In later
conversations, defendant told - that she could not remember what occurred on August 26,

2006, with- other than that they had a ?ght and that -was high when she left.

 

No. 1-09?2920
-testi?ed that in August 2006, defendant told him that .iied from an

overdose. After being contacted by detectives, .greed to wear a wire for a conversation
with defendant. On April 4, 2007, -met defendant in Chicago and recorded their
conversation, which was played at trial. Defendant admitted that she got into a ?ght with- in
which .cut her with a knife and she pushed- However, she stated that -vas alive
when she left. Defendant told. that she sustained a cut to her head two days before the
incident by hitting the bathroom door in - apartment.
-also spoke with defendant about -death several times between the incident
and February 2007. -stated that his sister freely admitted to ?ghting .011 August 26,
2006, but always maintained her innocence and offered various speculative theories as to how
-died. Included among defendant?s explanations were that- overdosed on drugs; hit her
head on the sink; old age; or an unknown assailant that entered after defendant left for Kenosha.

Dr. Mitra Kalelkar testi?ed as the State?s expert in forensic pathology. On August 29,
2006, Dr. Kalelkar performed an autopsy on - body, which was 5 feet 7 inches, weighed
112 pounds and appeared to be the stated age of 50 years? old. There was a laceration on the
right side of her forehead, abrasions on the forehead and hemorrhages to both eyes. The
coloration of these bruises indicated to Kalelkar that they were recent injuries.

Two symmetrical bruises were identi?ed on -lower back. They also appeared to be
recent injuries and Dr. Kalelkar opined that they were caused by pressure or a blunt object. They
were consistent with bruising from someone kneeling on her back. Additional, numerous recent
bruises were identi?ed on various areas of- body including her elbow, back of her knees

and throughout her lower legs.

No. 1-09-2920

Dr. Kalelkar also identi?ed a tongue-bite wound approximately two-tenths of an inch and
a hemorrhage in the posterior pharyngeal wall muscles. Dr. Kalelkar did not identify anything
signi?cantly wrong with - cardiovascular or respiratory systems, or her liver or gall bladder.
Her blood alcohol level at the time of death was .156 and she had cocaine metabolite in her
system, but not cocaine, at the time of her death. This indicated that she could have ingested
cocaine approximately two hours before her death.

I Dr. Kalelkar opined that the manner of death was homicide by due to
strangulation. Due to the symmetrical bruising to her back and legs, as well as pressure blanching
on her nose, chin and knees, Dr. Kalelkar determined that this indicated that she was pushed
down on the ground. The additional evidence of the positioning of her body with a stool over her
legs, hemorrhages to her neck, eyes and pharyngeal muscles, as well as the tongue bite indicated
to Dr. Kalelkar that she was killed by strangulation.

Defendant presented the testimony of Dr. Je?i'ey Jentzen, who opined that .?died of
due to positional related to severe alcohol intoxication. Dr. entzen opined
that because-was severely intoxicated and she presented numerous bruises indicating that
she suffered multiple falls, all consistent with falling while intoxicated, his theory was supported.
He testi?ed that inebriation relaxes muscles that regulate swallowing and regurgitation and this
can result in aspiration or loss of control of airway. Based on the toxicology reports, he opined
that-fell while intoxicated either with the comforter over her, or someone placed the
comforter on her and she passed out in a face down position that led to her 

Dr. Kalelkar disagreed with these conclusions. Dr. Kalelkar opined that air pockets in the

comforter would have allowed -to breathe and the totality of the evidence indicated

 

 

No. 1-09-2920

otherwise. Dr. Kalelkar admitted that the hemorrhages to -eyes could have been caused by
her position at death and that her airways were blocked in the position which her body was found.

At the close of evidence and before closing arguments, defendant requested that the trial
court consider the lesser included offenses of second degree murder and involuntary
manslaughter, including involuntary manslaughter of a family member. Following closing
arguments, the trial court summarized the evidence presented and found defendant guilty of the
lesser included charge of involuntary manslaughter as well as the possession of a stolen vehicle.
The trial court noted the dif?culty the case presented, not only to the court, but for the police and
the State in assembling this case based on the circumstantial evidence available and the inferences
and suggestions to be drawn. Ultimately, it concluded, giving all bene?t of the doubt to
defendant, the totality of evidence pointed to her guilt beyond a reasonable doubt.

The trial court recognized that defendant never confessed to killing. However, it
highlighted the testimony of numerous witnesses that spoke of different stories from defendant
surrounding the incident. The trial court also cited to the testimony concerning defendant?s hasty
and hostile actions in retrieving - car from the garage, speci?cally pointing to the videotape
that showed defendant frantically stuf?ng her belongings in bags on the elevator and scheming to
get- car from the valets. It concluded that this evidence demonstrated an extreme lack of
concern for- well-being and was indicia of her guilt and reckless behavior.

The trial court ?lrther noted to the younger, stronger defendant and the much slighter and
older- While there was clear evidence of alcohol and drug abuse and - falling in the
past, the trial court could not accept the theory that. died due to her intoxication.

Speci?cally, the court noted that both forensic experts were credible, but found Dr. Kalelkar more

-10-

N0. 1?09-2920

credible. Based on the totality of the evidence, Dr. Kalelkar?s opinion of by
strangulation was accepted and the circumstantial evidence presented led to the conclusion that
defendant was guilty.

The trial court denied defendant?s motion for new trial on both convictions of involuntary
manslaughter of a family member and possession of a stolen vehicle. Defendant was sentenced to
concurrent terms of eight and seven years? imprisonment, respectively for the convictions. This
appeal followed.

II. ANALYSIS

Defendant asserts that the State failed to prove her guilty beyond a reasonable doubt of
both involuntary manslaughter of a family member (720 ILCS 5/9-3 (West 2008)) and possession
of a stolen vehicle (720 ILCS (West 2008)) and, therefore, that the convictions
must be reversed. Due process requires proof beyond a reasonable doubt of every necessary fact
to ?nd a defendant guilty of a crime. In re Winship, 397 US. 358, 364 (1970). In assessing the
suf?ciency of the evidence to sustain a verdict on appeal we must view the evidence in the light
most favorable to the prosecution to determine if ?any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt. People v. Bush, 214 Ill. 2d 318, 326
(2005), citing Jackson v. Virginia, 443 US. 307, 318-19 (1979); People v. Collins, 106 Ill. 2d

237, 261 (1985).

This means that we do not retry the defendant. We must allow all reasonable inferences
?om the record in favor of the prosecution. People v. Cunningham, 212 Ill. 2d 274, 280 (2004).
Assessing the credibility of the witnesses, determining the weight of testimony, and resolving

inconsistencies in the evidence is the province of the trier of fact and we do not overturn such

-11-

 

N0. 1-09-2920

determinations People v. Garmon, 394 Ill. App. 3d 977, 981 (2009). We only reverse a
conviction if the evidence of record is so improbable or unsatisfactory that a reasonable doubt of
guilt exists. People v. Island, 385 Ill. App. 3d 316, 346 (2008). This stande of review applies
whether the evidence of guilt is direct or circumstantial. People v. Pollock, 262 Ill. 2d 189, 217

(2002).
A. Involuntary Manslaughter of a Family Member

Involuntary manslaughter is committed when a person unintentionally kills a person
without law?il justi?cation when his acts, whether law?il or unlawful, cause the death or are
likely to cause death or great bodily harm to the person, and the act is performed recklessly. 720
ILCS Sl9?3(a) (West 2008). Recklessness is de?ned as when a person ?consciously disregards a
substantial and unjusti?able risk that circumstances exist or that a result will follow, described by
the statute de?ning the offense; and such disregard constitutes a gross deviation item the standard
of care which a reasonable person would exercise in the situation.? 720 ILCS 5/4-6 (West 2008).
The parties agree that defendant was a family member by de?nition because she shared the

dwelling with- 725 ILCS (West 2003).

Defendant argues that the State?s case against her is based solely on circumstantial
evidence and without any eyewitness testimony, physical evidence to link defendant, or any
inculpatory statements, her conviction for involuntary manslaughter of a family member must be
reversed. Defendant notes that she ?'eely admitted, and admits, to having a ?ght with 
August 26, 2006. However, she argues that the lack of evidence linking her to-death is
insuf?cient to physically link her to the crime or to establish that she acted recklessly, the requisite

intent for involuntary manslaughter.

-12-

No. 1?09-2920 I

Defendant argues that, under the State?s theory of the case, there would be some form of
physical evidence linking defendant to the crime. Following Dr. Kalelkar?s testimony, defendant
asserts that defendant would have fought the strangulation and evidence of defendant?s skin
would have been found in- ?ngernails. Furthermore, no evidence of scratches or any

wounds were identi?ed on defendant when she was arrested and booked in Kenosha.

Defendant also points to the evidence that: she called-when she could not get the car
from the garage- yelled out from the apartment when- escorted her back ?'om the
garage; and -called-n the garage to release her car to defendant. .argues that this
shows she was clearly alive at that time and that the intervening 48 hours before .5 body was
discovered creates reasonable doubt that defendant killed- Defendant argues that it also
damages the trial court?s reasoning as it attributed evidence of guilt to defendant?s actions in
quickly and frantically getting on the elevator and seeking Furthermore, she maintains
that it shows that the trial court unreasonably ignored the credible testimony of Dr. Jentzen that

-died due to related to her severe intoxication.

The State argues that the trial court was correct in concluding that the totality of the
evidence supported defendant?s conviction. While both sides make several unequivocal
statements that certain pieces of evidence established or indicated that -was alive or dead at
certain times and there, obviously, are some gaps due to the circumstantial evidence, we agree
with the State. Viewing the evidence in a light favorable to the prosecution, any rational trier of

fact could have found the essential elements of the crime beyond a reasonable doubt.

The evidence at trial showed that defendant and -had a volatile relationship that

included drug and alcohol abuse. It also showed that defendant did frantically try to leave PTC

-13-

 

No. 1-09-2920 
and attempted to coerce sta?' to give her-car deSpit- clear command not to allow

defendant use of her car. Numerous calls were made to members of defendant?s family from
- apartment. Immediately after defendant was able to gain access to she left
alone with her son and money was withdrawn from-account next door to PTC. Next,
defendant was stopped by police in Wisconsin and arrested for driving while intoxicated.
Subsequent attempts to withdraw money frorr-account were made in Kenosha, Wisconsin.
-was not heard from again alive and her body was discovered only after a request was made

for a well-being check.

The trial court made speci?c credibility ?ndings concerning the key testimony at trial, that
of the two forensic pathologists. Following its recap of the evidence it found compelling, the trial
court opined that Dr. Kalelkar was more credible and his testimony ?t the totality of the evidence
presented and was more convincing. The record does not provide support for defendant?s
contention that this conclusion was inapprOpriate or that the trial court ?atly ?ignored? the
testimony of its expert. The state of - body, in particular the bruising to the back, and the
setting in which she was found supports the conclusion that-died by strangulation. The trial
court?s conclusion that defendant acted recklessly in ?ghting Wolf and ?eeing rather than getting
help for her demonstrated her recklessness. Accordingly, viewing the entirety of the evidence in a
light favorable to the State, defendant?s conviction for involuntary manslaughter of a family

member is af?rmed.
B. Possession of a Stolen Vehicle

Defendant also asserts that the State failed to prove her guilty beyond a reasonable doubt

of possession of a stolen vehicle. She argues that the State failed to show beyond a reasonable

-14-

No. 1-09?2920

doubt that she did not have permission to possess - car or knew that it was stolen.
Defendant argues that -testi?ed that he received a call from-apartment and a woman
stated that defendant could have -car. -testi?ed that he believed it was-who
had placed the call, so they released the car to defendant. - did not subsequently express
concern or doubt that defendant may-have been the one that called. Defendant asserts that
absolutely no evidence was presented to counter this testimony and establish that it was defendant

who had placed the call to have the car released to herself

There is no dispute that .had told PTC sta?? not to release her vehicle to defendant
prior to August 26, 2006, or that defendant was in possession of -car after 9:23 pm. on
that date. Therefore, the only contention in dispute is whether defendant was entitled to have
possession because -had called the garage staff to release the vehicle. Following the same
standard of review and evidence as presented above, we agree with the State that defendant?s

conviction for possession of a stolen vehicle must be af?rmed.

It is true that -testi?ed that he received the call ?om- apartment and the
person on the phone said she was- However, every other inference that can be made from
the evidence at trial points to the State?s claim that it was not-on the phone and defendant
was not authorized to have the vehicle. The trial court considered all of this evidence and the
credibility of the witnesses. -provided strict instructions not to release the vehicle.
Everything in defendant?s actions would lead a rational trier of fact to conclude that defendant
knew that she was not authorized to have the vehicle and desperately wanted to get the vehicle to
leave. The evidence was not so unrealistic, improbable or unreliable to establish a reasonable

doubt of defendant?s guilt of possession of a stolen vehicle.

-15-

 

 

N0. 1-09?2920

111. CONCLUSION

For the foregoing reasons, we af?rm defendant?s convictions for involuntary manslaughter

of a family member and possession of a stolen vehicle.

Af?rmed.

-16..



STATE OF ILLINOIS) 

OF COOK 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CRIMINAL DIVISION

OF THE STATE




Plaintiff 


. .

vs Number 09 CR 21033

- 09 CR 21034

FULTZ 09 CR 21035
. 
7 Defendant 

REPORT OF PROCEEDINGS, taken in the

?Nabove?entitled cause, taken?before the HONORABLE JAMES

LINN, Judge of said Court, taken on Wednesday,
. 
?April 13th, 2011.

APPEARANCES: . 
. HONORABLE ANITA ALVAREZ
ll Cook County State's Attorney
BY: MS. STEPHANIE MILLER 
MS. MARY JO MURTAUGH
Assistant State's AttOrney 
Appeared on behalf of the People'

HONORABLE ABISHI C. CUNNINGHAM, JR.
Cook County Public Defender
BY: WILLIAM WOELKERS

Assistant Public Defender
Appeared on behalf of the Defendant
Joseph Fultz


HALSELL-POWELL, CSR

Official Court Reporter

2650 South California Avenue 
?Chicago, IL 60608

 

 

 

 

 

 

 

10PROCEEDINGS

?Post Trial Motions

I 

PAGE

 

 

 

THE COURT: Joseph Fultz is before the bench in
fcustody represented by William Woelkers.?
Stephanie Miller and Mary Jo Murtaugh is here

?for the Government. There were verdicts of guilty of

1
gall charges on the indictment on January 13th of this

Eyear. This matter was put over for post trial motions
iand at the end of post trial motions and asking the

government if they are ready to be heard in response

1 .
1 I MS. MILLER: Yes, your Honor. And I have as 

ito the application of post trial relief.

.where I did file a response to Defendant's Motion for
1a New Trial and Motion for Judgment of Acquittal
:Notwithstanding the Verdict. And I filed an,
;additional amended version on April 11th of 2011. I
1am prepare to argue.



. THE COURT: lThe records were the same as what I
:have in the court file. On 09?21033, he was found
gguilty of 2 counts, 1, 2, and 3, predatory
?allegations. I

-MS. MILLER: Correct.
THE COURT: On 09?21034, it would be Counts and
1221035, Counts 1 and 2, is

iihat correct?

MS. MILLER: Let me just check that last one.

 

 





.24



 

 

:COrrect. So 9 total.
THE COURT: I'll hear what you have to say in
$support of your motion, Mr. Woelkers.

MR. WOELKERS: Judge, I would argue the Motion for

i
iJudgment of Acquittal Notwithstanding the VerdiCt-
3first. As hasibeen_indicatedT_Mr+iEultz was found

guilty in front of a jury.- I would start with the

?acknowledgement by the defense this is an

gextraordinary move to ask the court to take, changing
,the verdict of a jury trial at trial. However with
:that being said, I think this is the case where what
.happened at trial or what was presented at trial no
Treasonable jury could find Mr. Fultz guilty of the

ibharges, and that's why we bring this motion before

1
iwour Honor.

1, We would note, as is indicated in our motion,

ii

:the testimony of the victim, ?and
and Judge we also we filed and I

'would note also the lack of physical evidence. And

'Judge in support of that, we have a Memorandum of Law
fin support of our Motion of Acquittal which I will

acknowledge, for the record, as the State pointed out

iin their response, there is a mistake that was made by

the defense as to when, regarding the motives for the

 

 

Etestimony of the victims, alleged victims to make it

?up, as it were, regarding their mother and her control

fof his money. We did indicate dates of 2010 which
:should clearly read 2009. I double checked the
gtranscript. Those were incorrect; As too the:
%testimony of the alleged victim and
31-, we would note the inconsistency of their
?testimony at trial and as We did in our motion and
?memorandum. I will begin by noting that while they
Ewere testifying at trial, the allegations of the
gnumber of times, particularly. as it was- and,
. literally mushroomed like a cloud right on
Ethe stand and they could not, as we indicate in the?

written motion, remember when events took place, what

event took place where. We would also note that there

?was actually some of the testimony that was quite
:extraordinary it was where some of the alleged
Eincidents took place in the bathroom where people
Ewould knock on the door.! We have noted that the

{testimony also was that there were, a lot of the

 

Eincident anyways, a lot of people around, including to

Egz?che'point as we also noted in our motion -, -

i? was in the room?when


-l


fallegedly some of theSe incidents happened and he saw

 

 

 

 

anothing.

Judge, with the lack of physical evidence and
know that the State has pointed out in their
Sresponse that, yes, there may be some issue as to
vwhether or not these took place according to the
doctor, there was no physical indications of-

at all by her testimony- We

:would note also as we did in the written record, that
spoken to by -
-?prior to her outcry. It was not clear from her
?testimony whether she spoke to her about what happened
gto her first or after. But, Judge, we also note that
:the doctor did testify that while, as the State points
out in the response thereuwas some question as to

.sexual activity, he did testify on cross that it was

 

tnormal sexual activity that they were engaging in,
5which doesn't suggest any kind of abuse. Judge, we
.would hote that-while.not stated in the Written
E?Imotion, I would add, for the record, that as to their

testimony of the number of incidents that happened
:-over the alleged period of time to- and
they Were impeached by the detective that

vindicated a much, much less amount; 15 to 20 times.~

And I would also note the defendant testified credibly

 

 

 

land was not impeached. He denied all of these

jcharges. Again, Judge, we re?emphasize the number of

Eaccusations, how they changed literally at the trial

litself, continuing to grow, as lies do overtime
somewhat metaphorically, like a fish stOry. And I
think that's what this case and this trial, and Judge
will point to in particular Count 6 as it relates to

I think- it's very important because it

signals to the court the defense's opinion that this

'jury did not look at the facts. They did not look at
uthe evidence in this case as a reasonable juror
Vshould. Because according to our reading of the
'transcripts and the evidence presented at trial as to
Mr. Fultz performing that
:was never entered into evidence in any way, shape, or
?form. And he was still found guilty by the jury on

ithat count when they?had no evidence to support it,

?Enot one thread of evidence. That clearly indicates a

gjury that Was not reasonable, that was not looking at
ithe evidence and the law. They went in there and

I1
ideliberated and conviction in an unreasonable manner.

iAnd again, as to that particular count, I think that

relates to all the counts, I think that as indicates

 

?to the court how they were looking at this evidence

 

 

 

 

lip

?and the evidence they weren't looking at. Obviously
?they Were not judging this case on the evidence. VYou
iknow from Count 6 that they did not have any evidence
Ias to that charge.

Judge, we have put in our Memorandum of Law


..
I

9the cases that we cited. 1 know the court has read
our motion. I would just note that, for the record,

iin particular as to physical evidence and it's effect

i
{concerning testimony, I won't go through thefargument
'as written, but I would note for the record People 
?Barfield, 251 N.E. 2d at 923-926 which is a First

3?District case from 1969. We also cite People V.

Patterson which is at 413 N. E. 2d 1371 1375,

?referencing PeOPle V- Graham, which is at 377 N.E. 2d

$179 which is a First District Case.

I Judge, as to Barfield, the important point of
{that case is the idea that there was testimony that
Iwas not supported by physical evidence, and the

Appellate Court found the testimony itself was so

?outrageous, for lack of a better way to put it, that

?it could not support the finding or the verdict of

guilty. -Judge, we also cite as to no trier of fact
i!

ilcould find the defendant no rational trier of fact

scould have found Mr. Fultz guilty, People V. Jergin,

 

 

 

 

 

 

.24

 

 

which is at 593 N.E. 2d, 699, which is a First
iDistrict case.

Judge, as to the argument before the Court,
aas presented by the defense on the motion to set aside
lthe verdict, again I would emphasire that no rational
juror, certainly as to Count 6, which would bleed to
"the other counts to find Mr. Fultz guilty.r We would
fcite the eXtravagant testimony of the victims and the
fact that they were impeached, at least two of them
?were. We would note also that- had different
?dates of time periods shortly that had just recently
?happened that were different at trial and her
Ttestimdny and the physical evidence. The entire lack



of physical evidence. And I think particular note as

iito- someone who recently allegedly was

assaulted by Mr. Fultz and there was no physical sign
,of that whatsoever.

I
Judge, with that argument and the facts as we

have laid out in our Memorandum of Law in sUpport

?stating the facts, we ask that you grant our motion

ljand set aside the 9 verdicts of guilty against Mr.

'fultz in the three cases that are joined together.
5* .
MS. Your Honor, as I outlined in my

'response to Defendant's motions, I would seek to point

 

 

 

Eout the factual inaccuracies that counsel has cited in
his motion so we're clear, for the record. The
adefendant has argued some of these facts as we stand
Ehere today how they are not supported by the
ytranscripts. Specifically, the defendant alleges that
said-the defendant only 
'with his fingers on the outside. However the actual

"transcript quote 'said: When he touched-


A. Both."
EThat's trial transcript dated January 11, 2011, Page
112, lines 10 thru 13. Additionally, defendant alleges
EEthat -originally stated that the defendant had
;touched? more than 40 times, later that she
Esaid more than 50, more than 75, a lot of times, I
Ewould initially argue that 50, 75, a lot of times are,
Lin fact, more than 40. That that statement all
[contained in itself is not inconsistent. However, the
:allegations regarding the 40 times, the more than 50,
imore than 75, a lot of times involved questions in two
Edifferent locations in the transcript. The defendant
,has morphed those into one point in the argument.

Specifically: Now,_ when your uncle,

?Joseph, the defendant, was back baby sitting you at

I:

 



10

 

 

23.

24.

 

 

your apartment on did anything

'unusual happen? The response more than 40 times was
?in regard to that question. The more than 50, more
than 75, a lot of times was in a direct response to

_the question, "How many times approximately did the

z! .-
?defendant touch you inappropriately at the home that

he shared with his mother? Again the trial transcript
?dated January 11th, 2011, the first quote was from
?Page 11, Lines 9 thru 12, the second quote was from
_Page 18, lines 18 thru 20. Additionally, the
defendant alleges that - stated that while in
her mother's apartment, the contact happened in the

II bathroom. - actually testified: "The sibling
iwere awake in the room watching cartoons or sometimes
tdoing their homework." Not that all the contact had
Ehappened in the bathroom with peeple there. That's
'trial tranScript from January 11, 2011, Page 14, Lines
?7 thru 8. Additionally, there is a misstatement that
the defendant alleged that - said that when
?people needed to use the bathroom the defendant would
tell them to wait because we are in the bathroom. But
the actual complete answer in the transcript: 
ENO, he wou1d tell them to wait until he was finished

because he was on the toilet  

just wait because we were in the bathroom." Again
?same date of the transcript, Page 21, Lines 13 thru
121, not Page 22 which I believe was originally cited
Iin the defense motion.' Additionally, defendant

alleges that Dr. Rosado testify that - was a

but -- and it w?eule be very

difficult unleSs the doctor had firsthand knowledge of
"this, whiCh clearly there was no evidence of that, the_



Vactual testimony was: VQ. So briefly, doctor, as to

:both_ and- to clarify your examination
lot them 

is that correct? A. Yes, for anybody." That's the
?transcript from January 11, 2011, Page 130, Lines 16
Tthru 19.

a Again, there was no evidence presented that.

3 
u- or- were? the

.acts that the defendant perpetrated on them.

errors regarding that she stated that the

Additionally, the motion contains additional

inappropriate contact that the inappropriate
?contacts, plural, took place in the living room. That
hstatement is misleading because the question Was, when

_you were living in that apartment on- and you

iwere alone with the defendant: did_anything unusual

 

12

 

 

 

?happen between you and the defendant? Again, that's
the transcript from January 11, 2011, Page 84,~Lines
I10 thru 13.

Additional errors? are that -claimed

?that the defendant made her remove her clothes and

?9 then proceeded to 

. 5What the actual transcript states, and she teetified

I
?to was: Okay, so one time we were in the living

room. We were watching this movie or whatever and he

I made me like lift my gown and?
Same date of

"transcript, Page 84, lines 20 thru 25.

Additional errors, the defendant alleges that
I- stated that this happened more than 50 times,
Iperhaps even more than 70 times. However, the actual
testimony was: Other than one incident you've
I just described, did he? with his hand
Iany other times? A. Yes. Q. How many times? A.
iI?m not sure eXactly. Like I donft know exactly. Q.
More that ten? A. Yes. Q. More than 20? A. Yes. Q.

=More.than 50? A. Yes." That's the same date of the
I

Itestimony I've discussed, Page 85 and 86, Lines 11

thru 24 and then Line 1 continuing over on Page 86.

I Additional errors consist of the defendant

 

13

 

 

 

 

alleging that- testified that her brother and
_sister were present in the bedroom when the incidents
IIha'ppened. The statement is actually misleading and
the actUal transcript states, "Sometimes my brother
iiand sister would be asleep in the bed sometimes."
IThat's page 86, Lines 18 and 19.

Additional errors in the motion, the

defendant alle es that first told -about
I -

I her abuse, then - told - of her abuse

after.' The testimony was: And it could have been
Iafter you told her what you allege was happening to
you, correct? A. Yes." That's Page 101, Lines 16
thru 18. I

II I The defendant further alleges that there is
{no physical or medical evidence of penetration as to
-. That the only expert testified regarding
medical condition testified as follows: 
?Doctor, to a reasonable degree of medical certainty
were your findings during the physical examination of
consistent with_. A.
IYes, they were." That's Page 126, Lines 13 thru 17.
It is further alleged that there were no medical or

II physical findings of penetration as to- yet

again Dr. Rosado, the expert who testified, testified

 

I I 14

 

 

and?
I_u That's Page 128, Lines
923 thru 24. I 

It is the defendant's contention that because
ithere was no corroboration that a reasonable trier of
Ifact could not have fOund the defendant guilty on.

these 9 counts. However; one, corroboration is not
Erequired and the Barfield case does not stand for the
proposition that it does. Even given the law where

corroboration is not required, there is corroboration.

?Besides the medical testimony from Dr. Rosado that

both_ and-, specifically .as to -,
that his medical findings were 

Page 126, Lines 13 thru 17, as to

- Page 128, Lines 23 thru 29, it's consistent

 

with That corroborates

1the victim's account of what happened.



Additionally, there is more corroboration.

I$pecifically, the testimony of - that she was an

?Ieye witness and witnessed what the defendant did to

Specifically she saw the
dofonoant?, that's

?Page 89, Lines 21 thru 23. Additional corroboration;

 

15

 

 

testified credibly that she was an eyewitness

to what the defendant did to-. Specificallyp

that's Page 15, she saw the defendant?
We have'eyewitness testimony as to
3'itwo of these allegations. We have medical testimony
?as to? that corroborate and are
wconsistent with-their testimony.

Additionally, your Honor, as corroboration,
?your Honor had previously granted the People's proof

}of.other Crimes motion for the purpose of propensity.

 

lThe jury rightfully could, under your Honor's ruling,
I consider what happened to- and what happened to
- as it pertains to the allegations as to
and likewise as all of the allegations as
-they pertain to the other girls.

In regards to the testimony of the witnesses
"and the allegations, which are all predatory criminal
sexual assaults, testified that the defendant

H13, Lines 15 thru 19. That he placed 

Page 12, Line 7 thru 13-

Lines 20 thru

As to- again as to the allegations



 

l6

 

Hregarding? Page 45, 

Lines 10 thru 12. Page 45, Lines 20
'thru 23, he tried to 

iHowever, the predatory criminal sexual assault charge'
is contact, however slight. It doesn't need to be

actual penetration to support the charge.

I . .
Ii . Additionally, defendant's?

Page 47' Lines 9 thru 12- 

1 As to -, defendant's?
_That's page 87, Lines 2 thru 7. Defendant's?

Again, she testified that he attempted
However, the

?statute only requires contact, however slight. That's

gPage 87, Lines 11 thru 14.

-Additionally, the same page, Line 87, he put

Your Honor, there's no dispute as to the age
rof the victims when these offenses happened, or as to
El 
1the age of the defendant. There were certified copies

of birth certificates for all of them. I don't

iEbelieve'anybody is disputing the age of the victims



 

17

 

 

 

?gwhen they credibly testified that this happened.
To grant the Motion For a New Trial, your

Honor_must your Honor, to grant a Motion for a New

I

?Trial, your Honor must find that the evidence is.
contrary to the manifest weight. That the testimony

and evidence presented is contrary to the manifest

iweight. That's Mizowek I V. DeFranco,
land that the standard is viewed in the light most
favorable to the non moving party, specifically the
iiPeople in this case, that is Moore Swoboda,
?Swoboda is A.

As to judgment notwithstanding the verdict,

Ii 
jcounsel cites to a case that is actually been

subsequently reviewed and the standard is actually in

.Schott, T, the sufficiency of evidence is

iactually beyond a reasonable doubt, not clear and

I

?convincing.

Your Honor, I have cited numerous cases in my
.

Iresponse as to why a jury's verdict should not be
disturbed, specifically noting People Hanserz,
A Z. It is the function of jury in the
Eifirst inStance to determine the weight of all evidence

?and credibility of the witnesses. The jury did so in

this case. And they didn't to come to a snap




 

18

 

 

 

{judgment, as your Honor is aware and the transcripts
bear out. They thought about this over a period of7
time. [Itwasn't.a verdict that came back in 10
?minutes. It actually came back the following day.
Additionally, it is only in the event that

the evidence is so unsatisfactory to raise a
ireasonable doubt that the' court will reverse the:
"decision of the jury. That?s People Wilson. The
insufficiency in the evidence is not shown by mere
?conflict in the evidence, that's People-V Davis. The
jury is in a far superior position to determine
"whether or not the victims were telling the truth.
thatis People Murphy.? 12 people stood in judgment
of the defendant in January of 2011. The defense has
failed to show that theyvin any way did not consider'

the evidence other than an I concede as to counsel's

1Point Number 6 as to the one allegation, with the
exception of that.

COURT: You concede that allegation?
1 MS. MILLER: I concede.

THE COURT: So which count on which indictment are

. you conceding.

. - MS. MILLER: As to - 09' CR 21034 and it
ll . .

ilwou'ld be contained within that docket number. It is

 

19,

 

 

 

 

 



VAiCount Number 3 contained within that docket number.
Your Honor, counsel has, as it is defendant's

.burden on these motions, has not met those burdens.

We'd ask that you not disturb the jury's verdict.

THE COURT: Anything else.

All right. I will note that there was a

itrial in this case. Mr. Fultz was competently and

iadequately represented. The government brought their

proofs. The jury did reach theverdicts that are the

subject of post trial motions now. I'll also note the



legislature in their wisdom declared that people found

I

 

 



iguilty and ultimately found guilty, regardless of any
jother circumstances, are mandatorily subject to terms
:of live imprisonment without the possibility of
iparole. ?I'm not quarrelling with the?legislature's

"wisdom, I'm just noting. I will also note in their
t?wisdom they have allowed post trial motions to be
3filed and heard, giving the courts the final say, even
,after a jury has rendered verdicts to make sure that
the verdicts are just and supported by law and the
gfacts. I listened along with the jury to all the
gevidence that was presented. Some of the allegations

Edated back a long as 10 years before they were

reported. Some more recently, some several years



 

20

 

_before they were reported. 'In any event, we're
Etalking about late report of matters alleged to have
occurred within a household which could be described i
ilmany respects as a dysfunctional household.. Mr. Fultz
was the uncle of the complainants that testified.
LThey talked about things that happened over a period
lof time. I will note that their reports about what
ihappened, sometimes what they said on the witness
Iistand may have been somewhat different insofar as.
jdates and frequencies, how many incidents may have

IIactually occurred over these periods of time. They

{were talked to different times. They said different

?things about that, indicating some dates.

That being said, I am persuaded,?along with
ikhe jury, that there was absolutely criminal conduct
that occurred between Mr. Fultz and all three of the
Fomplainants where he molested, they were senually
molested by Mr. Fultz and their reports in general
?bout what happened were truthful. They were sexually
molested were truthful and indeed did occur, as the
gury so found, and as I listened to the case along
with the jury clearly found as well.

I The one issue that gives chance for pause is

whether this,.and it's criminal conduct in either way,

 

21

 

 

 

whether it's described as sexual contact or sexual
1penetration. There's a different statute talks about
?the differences. The legislature talks about I
differences and it was the differences that need to be
iconsidered. There may have been a chance for the jury
?to be instructed on lesser included offenses.. It
Tdidn't happen. It wasn't requested.l Had it been

requested, the court would have given the jury that.

opportunity to make some findings. ?It wasn't
;requested. I suppose that was a matter of trial
strategy, but the buck stops he ultimately with the
court to make sure that justice is done.

. I believe that the children were molested.
fIt was proven beyond a reasonable doubt. He's going
to be sentenced. He's going to be sentenced
?significantly and aCtively of that what he did. I
?will grant some relief over the government's very
strong objection. I will find that the facts in this
icase bore out allegations of what would be described
hby the statute as contact, sexual contact as opposed
to penetration. So I will adjust the jury's findings,
over the government's objection. I cannot say that

Hstrong enough. They are absolutely objecting to the

icourt considering this.

 

22

 

 



find post trial relief as indicated, but
all the counts will be adjusted to aggravated criminal
isexual abuse. I find sexual contact was shown, sexual
.penetration perhaps not. as a matter of law as to
iiCount 3 on 09-21034, State's not in agreement. The
.motion for Post Trial Relief is granted in full as to
;that count at least. He is discharged.

We will have a sentencing hearing. There's a
gpre-sentence investigation. The government has
'indicated.that-they want additional time to prepare
1for that. I will grant them the time.
MS. MILLER: Thank you. If we could have a date 
;two' weeks out or whatever is good for the court?
THE Pick a date that works for your
_Neither of you are assigned here, so whatever date is
%ppropriate.

MS. MILLER: 'Can we come back the first week in
May? May 2?

COURT: May 2 for sentencing. Bond is

fevoked. Mother can come up and have a quick contact.

 

23

 

 

ISTATE OF ILLINOIS)
ss
COUNTY OF COOK 

I, VERNITA HALSELL-POWELL, Official
iShorthand Reporter of the Circuit Court of Cook
ECounty, County Department - Criminal Division, do
"hereby certify that I reported in shorthand the
:evidence had in the above-entitled cauSe and that the-


:foregoing is a true and correct transcript of all the

"evidence heard.

 

Official Shorthand Reporter
Circuit Court of Cook County
County Department Criminal Division

DATE: 

 

24

 

 

 

Significant Activity Sex Crimes
For the Week of: May 2, 2011

Courtroom:
Judge:

700

Linn

Case Name: Joseph Fultz
Case Number: 09CR21033-5
ASAs: Stephanie Miller
Charge(s): PCSA
Synopsis of the case:
D is the uncle to all 3 victims. From the time each victim was approximately 6 y/o, the
defendant would
. As to 2 of the
victims he would also
. D was convicted by a jury of 9 counts
of PCSA.
On 4/13/2011 judge Linn dismissed one of the counts and converted the other 8 PCSA into
ACSAb.
NEXT COURT DATE:
5/2/2011 Sentencing and our decision about what to do

 1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINAL PROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Anita Alvarez
State’s Attorney
Shauna Boliker
First Assistant State’s Attorney
Walt Hehner
Chief Deputy
Dan Kirk
Chief of Staff
Sally Daly
Director of Communications

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Upcoming Significant Activity for the week of April 11-15, 2011

Date: April 8, 2011

1.

Courtroom:

606

Judge:

Porter

Case Name:

11 B Wing

 2

Case Number:
ASAs:

Mercedes Luque-Rosales and Andrea Grogan

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

Courtroom:

606

Judge:

Porter

Case Name:
Case Number:
ASAs:

Mary Beth Fahey and Cynthia Erno

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

2.
Courtroom:

500

Judge:

Gaughan

11 C Wing

Case Name:
Case Number:
ASAs:

Risa Lanier and Annmarie Sullivan

Charges:
Synopsis of the case:

 3

NEXT COURT DATE:

Courtroom:

402

Judge:

Clay

Case Name:
Case Number:
ASAs:

Ruth Gudino and Annemarie Sullivan

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

208

Judge:

Hill

Case Name:
Case Number:
ASAs:

Angel Essig and Jackie Lantz

Charges:
Synopsis of the case:
.

 4

NEXT COURT DATE:

Courtroom:

500

Judge:

Gaughan

Case Name:
Case Number:
ASAs: Tom Prisco and Dave Herrera
Charge(s):
Synopsis of the case:

.

NEXT COURT DATE:

3.
Courtroom:

704

Judge:

Claps

12 B Wing

Case Name:
Case Number:
ASAs:

Mike Golden and Kimellen Chamberlin

Charge(s):
Synopsis of the case:

.

Courtroom:

305

Judge:

Coghlan

Case Name:
Case Number:

 5

ASAs: Ray Brogan and Mark Shlifka
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE: April 11, 2011

Courtroom:

604

Judge:

Lacy

Case Name:
Case Number:
ASAs:

Lauretta Froelich and Marina Para

Charge(s):
Synopsis of the case:

.

Room:

307

Judge:

Slattery – Boyle

Case Name:
Case Number:
ASAs: Mary Innes and GerardoTristan
Charge(s):
Synopsis of the case:
.
NEXT COURT DATE:

4.

12 C Wing

 6

Courtroom:

Supplemental Call

Judge:

Angela Petrone (from Judge Kirby/Myles)

Case Name:
Case Number:
ASAs:

Bill Kelly and John Henning

Charge(s):
Synopsis of the case:
.
NEXT COURT DATE:

.

5.
Courtroom:

700

Judge:

Linn

12 D Wing

Case Name:
Case Number:
ASAs:

Joseph Lattanzio and Maria Augustus

Charge(s):

Aggravated Unlawful Use of Weapon

Synopsis of the case: The defendant was stopped by police for a minor traffic violation. After
the police requested his license and insurance, the defendant opened the glove box and a .40 cal.
semi automatic handgun fell out. The gun was unloaded but a magazine found in the glove box
contained five live rounds. The defendant does not have an FOID card.
NEXT COURT DATE:

6.
Courtroom:

700

Judge:

Linn

Case Name:

Joseph Fultz

Case Number: 09CR-21033-5

Sex Crimes

 7

ASAs:

Stephanie Miller

Charge(s):

PCSA

Synopsis of the case: D is the uncle to all 3 victims.
approximately 6 y/o, the defendant would
. As to 2 of the victims he would also
a jury of 9 counts of PCSA/Natural Life case.

From the time each victim was
and
. D was convicted by

NEXT COURT DATE: April 13, 2011 Motion for new Trial/Sentencing

Courtroom:

Maywood

Judge:

Kipperman

Case Name:
Case Number:
ASAs:

Stephanie Miller

Charge(s):

CSA

Synopsis of the case:
.
NEXT COURT DATE:

Courtroom:

704

Judge:

Claps

Case Name:
Case Number:
ASAs:

Michelle Papa

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

 8

7.
Courtroom:

704

Judge:

Claps

Case Name:
ASA:
Charge(s):

First Degree Murder

Synopsis of the case:

Courtroom:

104

Judge:

Tourtelot

Case Name:
Case Number:
ASAs:

Gilford and Sengupta

Charge(s):
Synopsis of the case

NEXT COURT DATE:

Courtroom:

Branch 60

Judge:

Bertucci Smith

Case Name:
Case Number:
ASAs:

Maura White

Charge(s):
Synopsis of the case:

Domestic Violence

 9

NEXT COURT DATE:

Courtroom:

302

Judge:

Gainer

Case Name:
Case Number:
ASA:

Elizabeth Ciaccia

Charge(s):

Synopsis of the case:

.
NEXT COURT DATE:

8.
Courtroom:

105

Judge:

Love

Case Name:
Case Number:
ASAs:

Barb Bailey and Gina Vanasco

Charge(s):
Synopsis of the case:

District 4

 10

.
NEXT COURT DATE:

Courtroom:

107

Judge:

Kipperman

Case Name:
Case Number:
ASAs: Tom Kougias and Joe Hodal
Charge(s):
Synopsis of the case:

NEXT COURT DATE:

9.
Courtroom:

105

Judge:

Panici

Case Name:
Case Number:
ASAs: Brian Volkman and Jason Carlson
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:
Case Name:

105

District 6

 11

Case Number:
ASAs:

Jason Carlstedt

Charge(s):
Synopsis of the case:

Next Court Date:

Courtroom:

107

Judge:

Flaherty

Case Name:
Case Number:
ASAs: Clarissa Palermo and Cordelia Coppleson
Synopsis of the case:

NEXT COURT DATE:

Courtroom:

106

Judge:

Rhodes

Case Name:
Case Number:
Assistants:

Kathy Morrissey, Todd Dombrowski and Desiree Berg

Synopsis of the case:

 NEXT COURT DATE: 

12

 

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINALPROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Anita Alvarez
State’s Attorney
Shauna Boliker
First Assistant State’s Attorney
Walt Hehner
Chief Deputy
Dan Kirk
Chief of Staff
Sally Daly
Director of Communications

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Upcoming Significant Activity for the week of June 6-10, 2011

Date: June 3, 2011

1. 12 B Wing
Courtroom:

307

Judge:

Slattery – Boyle

Case Name:
Case Number:

 2

ASAs: McKay, Cataldo and Horowitz
Charge(s):

r

Synopsis of the case:
.
NEXT COURT DATE:

2. 12 C Wing
Courtroom:

202

Judge:

Charles Burns

Case Name:
Case Number:
ASAs:

Jennifer Gonzalez and Jim Papa

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

602

Judge:

Sacks

Case Name:
Case Number:
ASAs:

Jose Villarreal and Emily Leuin

Charge(s):
Synopsis of the case:

 3

.
NEXT COURT DATE:

3. 12 D Wing
Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs: Bob Schwarz and Karin Swanson
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs: Maria Augustus and Mike Vojta
Charge(s):
Synopsis of the case: On April 16, 2010 at
just after midnight, police
responded to a business alarm. Witnesses had seen the defendant climb up on the roof of a
Subway Restaurant. The officers went on the roof and saw a hole in the roof. The officers
pulled the defendant out of the hole. The defendant is Class X by background.

 4

NEXT COURT DATE:

4. 11 C Wing
Courtroom:

402

Judge:

Clay

Case Name:
Case Number:
ASAs:

Karin Sullivan and Angel Essig

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

5. Sex Crimes
Courtroom:

704

Judge:

Claps

Case Name:
Case Number:
ASAs:

Michelle Papa

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

101

 5

Judge:

Biebel

Case Name:
Case Number:
ASAs: AAG Huiner and ASA Welkie
Synopsis of the case:

NEXT COURT DATE:

Courtroom:

101

Judge:

Biebel

Case Name:
Case Number:
ASAs:

Welkie and AAG Snow

Synopsis of the case:

.
NEXT COURT DATE:

6. Domestic Violence
Courtroom:

500

Judge:

Gaughan

Case Name:

 Case Number: 

ASAs: Mary Anna Planey

Charge<s>= 

Synopsis of the Case:

 

 

NEXT COURT DATE: 

 

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINALPROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Anita Alvarez
State’s Attorney
Shauna Boliker
First Assistant State’s Attorney
Walt Hehner
Chief Deputy
Dan Kirk
Chief of Staff
Sally Daly
Director of Communications

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Upcoming Significant Activity for the week of June 13-17, 2011

Date: June 10, 2011

1. 12 B Wing
Courtroom:

307

Judge:

Slattery – Boyle

Case Name:
Case Number:

 2

ASAs: Dillon and Innes
Charge(s):
Synopsis of the case
.
NEXT COURT DATE:

Courtroom:

307

Judge:

Slattery-Boyle

Case Name:
Case Number:
ASAs: Dillon and Innes
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

307

Judge:

Slattery-Boyle

Case Name:
Case Number:
ASAs: Leafblad, Dawkins and Innes
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

 3

Courtroom:

604

Judge:

Lacy

Case Name:
Case Number:
ASAs:

Lauretta Froelich and Michele Condon

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

2. 11 C Wing
Courtroom:

402

Judge:

Clay

Case Name:
Case Number:
ASAs:

Pfeiffer and Galassini

Charges:
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

208

 4

Judge:

Hill

Case Name:
Case Number:
ASAs:

Olson and Jakubiak

Charge:
Synopsis of the case:

NEXT COURT DATE:

3. 12 D Wing
Courtroom:

600

Judge:

Crane

Case name:
Case number:
ASAs:

Renee Thibault and Megan Goldish

Charge:
Synopsis of case:

.
NEXT COURT DATE:

Courtroom:

504

Judge:

Brown

Case Name:
Case Number:

 5

ASAs:

Mary Anna Planey and Marina Para

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus and Michael Vojta

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

4. Domestic Violence
Courtroom:

308

Judge:

Sheehan

Case Name:
Case Number:
ASA:
Charge:

Ricci

 6

Synopsis of Case:

NEXT COURT DATE:

5. District 4
Courtroom:

105

Judge:

Love

Case Name:
Case Number:
ASAs:

Barbara Bailey and Gina Vanasco

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

6. District 6
Courtroom:

103

Judge:

Simmons

Case Name:
Case Number:
ASAs: Cordelia Coppleson and Jason Carlstedt
Charge(s):
Synopsis of the case:

 

NEXT COURT DATE: 

 

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINALPROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Anita Alvarez
State’s Attorney
Shauna Boliker
First Assistant State’s Attorney
Walt Hehner
Chief Deputy
Dan Kirk
Chief of Staff
Sally Daly
Director of Communications

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Upcoming Significant Activity for the week of June 27-July 1, 2011

Date: June 24, 2011

1.12 B Wing
Courtroom:

502

Judge:

Wadas

Case Name:
Case Number:

 2

ASAs:

Greenstein and Reyna

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

2.12 D Wing
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus and Michael Vojta

Charge(s):

Armed Robbery

Synopsis of the case: On January 3, 2011, Walgreens,
., the Defendant
attempted to leave the store with 4 packs of women’s underwear without paying for the items.
The Defendant was detained by a store employee and held in the back office while awaiting the
arrival of the police. While in the back office the Defendant brandished a knife threatening the
store employee. Another employee assisted the first in subduing the Defendant who was then
arrested by police.
NEXT COURT DATE: June 27, 2011

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus, Michael Vojta

Charge(s):

Burglary

 3

Synopsis of the case: On December 24, 2010, at
, CPD responded to a
business burglar alarm and found the rear door of a cell phone store pried open. None of the
offenders were on the scene. A review of the in-store surveillance showed the Defendant and 4
other offenders pulling up to the rear door of the store in a Dodge van, they pried open the door
and entered the store with plastic storage tubs. Once inside the store, the Defendant and the
other offenders filled the tubs with merchandise and then left through the rear door. The
Defendant was eventually detained after he was arrested in Lake County on an unrelated case.
The Defendant made statements admitting to being aware of a rash of cell phone store
burglaries and knowledge of the identities of the other offenders observed on the surveillance
tape, however denied being involved and denied he was visible on the tape.
NEXT COURT DATE: June 28, 2011

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus and Michael Vojta

Charge(s):

PCS/I

, the Defendant is
Synopsis of the case: On September 30, 2010, at 6:45 pm, at
observed by CPD engage in two separate narcotics transactions. After the Defendant is
detained, his stash is recovered from the siding of a nearby garage and it is determined to be 48
clear baggies containing two capsules each. Each of the 96 capsules contained heroin with a
tested weight of 5.1 grams. The Defendant also had $198.
NEXT COURT DATE:

Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs:

Kelly Grekstas and Yolanda Lippert

Charge(s):
Synopsis of the case:

 4

.
NEXT COURT DATE:

3.11 C Wing
Courtroom: 400
Judge:

Kazmierski

Case Name:
Case Number:
ASAs:

Eric Sauceda and Jacqueline Lantz

Charge:
Synopsis of the case:

NEXT COURT DATE:

4.District 3
Courtroom:

110

Judge:

Reibman

Case Name:
Case Number:
ASAs:

Michael Clarke, Michael Andre and Michael Gerber

Charge(s):
Synopsis of the case:

  

6

NEXT COURT DATE:

5.District 4
Courtroom:

107

Judge:

Kipperman

Case Name:
Case Number:
ASAs:

Joe Lattanzio and Joe Hodal

Charge(s):

Synopsis of the case:

.
NEXT COURT DATE:

6.District 6
Courtroom:

108

Judge:

Zelezinski

Case Name:
Case Number:
ASAs:

Geri D’Souza and Torrie Corbin

 Charge(s): First Degree Murder

Synopsis of the Case:

 

NEXT COURT DATE: 

 

1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINALPROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Anita Alvarez
State’s Attorney
Shauna Boliker
First Assistant State’s Attorney
Walt Hehner
Chief Deputy
Dan Kirk
Chief of Staff
Sally Daly
Director of Communications

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Upcoming Significant Activity for the week of May 9-13, 2011

Date: May 6, 2011

1. 12 B Wing
Courtroom:

307

Judge:

Slattery – Boyle

Case Name:

 2

Case Number:
ASAs: Erica Dillon and Mary Innes
Charge(s):
Synopsis of the case:
.
NEXT COURT DATE:

Courtroom:

702

Judge:

Ford

Case Name:
Case Number:
ASAs: Jim Papa, Kathy Bankhead, and Lisa Morrison
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

702

Judge:

Ford

Case Name:
Case Number:
ASAs: Emily Stevens and Melissa Meana
Charge(s):
Synopsis of the case:

 3

.
NEXT COURT DATE:

Courtroom:

702

Judge:

Ford

Case Name:
Case Number:
ASAs: Emily Stevens and Melissa Meana
Charge(s):
Synopsis of the case

NEXT COURT DATE:

2. 12 D Wing
Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs: Bob Schwarz and Yolanda Lippert
Charge(s):
Synopsis of the case:

.

 4

NEXT COURT DATE:

Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs: Bob Schwarz and Kelly Grekstas
Charge(s):
Synopsis of the case:

NEXT COURT DATE: May 10, 2011 WFB

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Mary Jo Murtaugh and Jose Villarreal

Charge(s):

First Degree Murder

Synopsis of the case: The victim was drinking in the park when he decided to leave and go to
another party. As he was riding his bike, he got into a verbal altercation with a group of men

 5

on a porch. This defendant and others punched and beat the victim who died as a result of
and
blunt force trauma. This is the 3rd defendant on trial. Co-defendants
were tried in November of 2010.
o was a VG and he was sentenced to
30 years IDOC.
was VNG. The case was in the press in November due to
“promising career” as a boxer.
NEXT COURT DATE: May 9, 2011

Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Jackie Lantz and Ruth Gudino

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

Courtroom:

700

Judge:

Linn

Case Name:

Alek Ramirez

Case Number:
ASAs:
Charge(s):
Synopsis of the case: On October 18, 2010 at 7:00 p.m., officers respond to a man with a
machete at
. The defendant threatened to behead his neighbor and when the
officers arrived, they arrested the defendant and recovered the machete.
NEXT COURT DATE:

Courtroom:

600

Judge:

Clayton Crane

 6

Case Name:
Case Number:
ASAs:

Shawn Concannon & Ashley Moore

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

3. 11 C Wing
Courtroom:

402

Judge:

Evelyn Clay

Case Name:
Case Number:
ASAs:

Karin Sullivan and Angel Essig

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

500

Judge:

Gaughan

Case Name:
Case Number:
ASAs:
Charge:

Anne Marie Sullivan and Sara Grgurovic

 7

Synopsis of the case:
.
NEXT COURT DATE:

4. Domestic Violence
Courtroom:

600

Judge:

Crane

Case Name:
Case Number:
ASA:

Nina Ricci

Charge(s):

:

Synopsis of Case:

.
NEXT COURT DATE:

Courtroom:

704

Judge:

Claps

Case Name:
Case Number:
ASA:

Nina Ricci

Charge:

:

Synopsis of Case:

NEXT COURT DATE:

Courtroom:

404

 8

Judge:

Brosnahan

Case Name:
Case Number:
ASA:

Elizabeth Ciaccia

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

104

Judge:

Tourtelot

Case Name:
Case Number:
ASAs:

Sengupta and Gilford

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

5. District 4
Courtroom:

105

Judge:

Love

Case Name:

 9

Case Number:
ASAs: Maureen O’Brien/Barb Bailey
Charge(s):
Synopsis of the case:
.
NEXT COURT DATE:

6. District 5
Courtroom:

107

Judge:

Kunkle

Case Name:
Case Number:
ASAs:

BJ Park and William Blumthal

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

7. District 6
Courtroom:

108

Judge:

Zelezinski

Case Name:
Case Number:
Charges:
ASAs: Torrie Corbin and Michelle Spizzirri

 10

Synopsis of the case:

NEXT COURT DATE:

Courtroom:

107

Judge:

Flaherty

Case Name:
Case Number:
Charges:
Assistants:

Lorraine Lynott and Robert Holland

Synopsis of the case:

Courtroom:

107

Judge:

Flaherty

Case Name:
Case Number:
Charges:
Assistants:

Robert Holland and Lorraine Lynott

Synopsis of the case:

NEXT COURT DATE:

Courtroom:

103

Judge:

Simmons

 11

Case Name:
Case Number:
Charges:
Assistants:

Jason Carlstedt

Synopsis of the case:
.
NEXT COURT DATE:

 1

OFFICE OF THE STATE'S ATTORNEY
COOK COUNTY, ILLINOIS
ANITA ALVAREZ
STATE’S ATTORNEY

CRIMINALPROSECUTIONS BUREAU
2650 SOUTH CALIFORNIA AVENUE
CHICAGO, ILLINOIS 60608

MEMORANDUM

To:

Anita Alvarez
State’s Attorney
Shauna Boliker
First Assistant State’s Attorney
Walt Hehner
Chief Deputy
Dan Kirk
Chief of Staff
Sally Daly
Director of Communications

From: Fabio Valentini
Chief, Criminal Prosecutions Bureau
Re:

Upcoming Significant Activity for the week of May 16-20, 2011

Date: May 13, 2011

11 C Wing
Courtroom:

207

Judge:

Alonso

Case Name:
Case Number:

 2

ASAs:

State’s Attorney Anita Alvarez and Frank Marek

Charge(s):
Synopsis:

.

NEXT COURT DATE:

Courtroom:

400

Judge:

Kazmierski (Supp. call, Judge Stephenson)

Case Name:
Case Number:
ASAs:

Eric Sauceda and Gerardo Tristan

Charge:
Synopsis of the case:

NEXT COURT DATE:

Courtroom:

500

Judge:

Gaughan

Case Name:
Case Number:
ASAs:

Anne Marie Sullivan and Tom Prisco

Charge:
Synopsis of the case:
.
NEXT COURT DATE:

12 B Wing
Courtroom:

604

 3

Judge:

Lacy

Case Name:
Case Number:
ASAs:

Lauretta Froelich and Marina Para

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

Courtroom:

604

Judge:

Lacy

Case Name:
Case Number:
ASAs:

Arunas Buntinas and Marina Para

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

12 C Wing

 4

Courtroom:

602

Judge:

Sacks

Case Name:
Case Number:
ASAs:

Barbara Dawkins and Gene Wood

Charge(s):
Synopsis of the case:
.
NEXT COURT DATE:

12 D Wing
Courtroom:

600

Judge:

Clayton Crane

Case Name:
Case Number:
ASAs:

Shawn Concannon and Ashley Moore

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Courtroom:

700

Judge:

James Linn

Case Name:
Case Number:

 5

ASAs:

Kelly Grekstas and Mike Vojta

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

Sex Crimes
Courtroom:

110 / Rolling Meadows

Judge:

Riebman

Case Name:
Case Number:
ASAs:

Stephanie Miller

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

Domestic Violence
Courtroom:

506

Judge:

Cannon

Case Name:

 6

Case Number:
ASA:

Nina Ricci

Charge:
Synopsis of Case:

NEXT COURT DATE:

Courtroom:

500

Judge:

Gaughan

Case Name:
Case Number:
ASAs:

Mary Anna Planey

Charge(s):
Synopsis of the Case:

NEXT COURT DATE:

Courtroom:

600

Judge:

Crane

Case Name:
Case Number:
ASA:

Nina Ricci

 7

Charge(s):
Synopsis of the Case:
.
NEXT COURT DATE:

District 4
Courtroom:

108

Judge:

Tucker

Case Name:
Case Number:
ASAs:

Paul Joyce and Barb Bailey

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

District 5
Courtroom:

109

Judge:

Davy

Case Name:
Charge(s):
ASA(s):

Lisa Mateck and Michael Pekara

Synopsis of the case:

.
NEXT COURT DATE:

 STATE OF ILLINOIS
COUNTY OF COOK

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) SSS
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IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
Plaintiff
VS.
Joseph Fultz
Defendant(s)

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Case No. 09CR21033-5

MOTION FOR DEFENDANT TO SUBMIT BLOOD SPECIMENS
TO THE ILLINOIS DEPARTMENT OF STATE POLICE
FOR GENETIC ANALYSIS
NOW COME the People of the State of Illinois, by and through their Attorney, State's Attorney,
ANITA ALVAREZ, through her assistant Stephanie K Miller, and move this Honorable Court, pursuant to
730 ILCS 5/5-4-3 to order the defendant to provide specimens of blood for analysis and categorizing into
genetic marker groupings by the Illinois Department of State Police, Division of Forensic Services and
Identification.
In support of this motion, the People state as follows:
On April 13, 2011, the defendant was convicted of committing the offenses of Aggravated Criminal
Sexual Abuse, in violation of 720 ILCS 5/12-16(c)(1)(i), and has been sentenced to _____ years
IDOC/probation.
WHEREFORE, the People of the State of Illinois respectfully request that the defendant, Joseph
Fultz, provide specimens of blood for analysis and categorizing into genetic marker groupings by the Illinois
Department of State Police, Division of Forensic Services and Identification.
Respectfully submitted,
ANITA ALVAREZ
STATE'S ATTORNEY OF COOK COUNTY
BY: _______________________________
Stephanie K Miller
Assistant State's Attorney

 STATE OF ILLINOIS
COUNTY OF COOK

)
)
)

SS

IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
Plaintiff
VS.
Joseph Fultz
Defendant(s)

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)
)
)
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)

Case No. 09CR21033-5

MOTION FOR DEFENDANT TO UNDERGO MEDICAL
TESTING FOR SEXUALLY TRANSMITTABLE DISEASES

NOW COME the People of the State of Illinois, by and through their Attorney, ANITA
ALVAREZ, State's Attorney of Cook County, through her assistant Stephanie K Miller, and move this
Honorable Court, pursuant to 730 ILCS 5/5-5-3(g), to order the defendant to undergo medical testing to
determine whether the defendant has any sexually transmittable disease, including a test for infection with
Human Immunodeficiency Virus (HIV), or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS).
In support of this motion, the People state as follows:
On April 13, 2011, the defendant was convicted of committing the offenses of Aggravated Criminal
Sexual Abuse, in violation of 720 ILCS 5/12-16(c)(1)(i).
WHEREFORE, the People of the State of Illinois respectfully request that the defendant, Joseph
Fultz, undergo medical testing to determine whether the defendant has any sexually transmittable disease,
including a test for infection with Human Immunodeficiency Virus (HIV) or any other identified causative
agent of acquired immunodeficiency syndrome (AIDS).

Respectfully submitted,
ANITA ALVAREZ
STATE'S ATTORNEY OF COOK COUNTY
BY: ________________________________
Stephanie K Miller
Assistant State's Attorney

 STATE OF ILLINOIS )
)
COUNTY OF COOK )

SS

IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
Plaintiff

)
)
)
)
)
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)

VS.
Joseph Fultz
Defendant(s)

Case No. 09CR21033-5

ORDER
IT IS HEREBY ORDERED and decreed pursuant to 730 ILCS 5/5-5-3 (g) of the of the Illinois
Revised Statutes that defendant Joseph Fultz, DOB:
,
, having been convicted on April
13, 2011 of committing the offense of Aggravated Criminal Sexual Abuse in violation of 720 ILCS 5/1216(c)(1)(i), shall undergo medical testing to determine whether the defendant has any sexually transmittable
disease, including a test for infection with human immunodeficiency virus (HIV), or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
IT IS FURTHER ORDERED as follows:
1.

Any such medical test shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids as well as an examination of
the defendant's person.

2.

The results of such test shall be kept strictly confidential by all medical personnel involved
in the testing, AND MUST BE PERSONALLY DELIVERED IN A SEALED
ENVELOPE TO THE JUDGE OF THE COURT IN WHICH THE CONVICTION WAS
ENTERED for the judge's inspection in camera.

3.

The cost of these tests shall be paid by the County of Cook.

4.

The defendant IS NOT assessed costs for said testing.
IT IS SO ORDERED
_____________________________
JUDGE OF THE CIRCUIT COURT
OF COOK COUNTY

 STATE OF ILLINOIS

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)
)

COUNTY OF COOK

SS.

IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
vs.
Joseph Fultz

)
)
) Case No.
)
)

09CR21033-5

ORDER FOR DEFENDANT TO SUBMIT BLOOD SPECIMENS
TO THE ILLINOIS DEPARTMENT OF STATE POLICE
FOR GENETIC ANALYSIS
IT IS HEREBY ORDERED AND DECREED pursuant to 730 ILCS 5/5-4-3 that defendant, Joseph
Fultz, DOB:
,
, having been convicted on April 13, 2011 of Aggravated Criminal Sexual
Abuse, a felony, in violation of 720 5/720 ILCS 5/12-16(c)(1)(i), and having been sentenced upon said conviction
to ________________, provide specimens of blood to the Illinois Department of State Police, Division of
Forensic Services and Identification.
 It is further ordered that if the defendant is committed to the custody of the Illinois Department of

Corrections:
1. In accordance with Illinois State Police (ISP) guidelines for specimen collection and utilizing test
kits provided by the ISP, the defendant shall, forthwith, submit a DNA specimen to personnel of
Illinois Department of Corrections (IDOC).
2. The IDOC personnel shall then tender that specimen to ISP for analysis and categorizing of the
results into genetic marker groupings.
OR
 It is further ordered that if the defendant is NOT sentenced to the Illinois Department of Corrections:

1. In accordance with ISP guidelines for specimen collection and utilizing test kits provided by the
ISP, the defendant shall, forthwith, submit a DNA specimen to personnel of Cook County Adult
Probation Department (probation or conditional discharge) or Cook County Sheriff (boot camp).
2. The Cook County Adult Probation Department or Cook County Sheriff personnel shall then
tender that specimen to ISP for analysis and categorizing of the results into genetic marker
groupings.
IT IS SO ORDERED

Judge of the Circuit Court of Cook County

 Significant Activity 12 D Wing
For the Week of: March 28, 2011
-----Jury

Courtroom:

504

Judge:

Michael Brown

Case Name:
Case Number:
ASAs:

Shelley Keane & Brian Boersma

Charge(s):
Synopsis of the case:

NEXT COURT DATE:
504
Judge:

Plea

Michael Brown

Case Name:
Case Number:
ASAs:

Greg Ahern

Charge(s):
Synopsis of the case:

.

Courtroom:

700

-----Jury next week

 Judge:

James Linn

Case Name:
Case Number:
ASAs: Maria Augustus & Vicki Klegman
Charge(s):
Synopsis of the case: The defendant’s father attempted to elude police after committing a
traffic violation (no seat belt & incorrect license plate). Police pursued the father to his home
where other police joined the chase. Police followed the driver into the home. Upon entry, a
Sgt. saw this Defendant in a bedroom wearing boxer shorts and believed that the defendant
was the driver. The Defendant refused to come out of the bedroom and got into a physical
confrontation with the Sgt. The Sgt. was not injured, and the charges are based on “insulting
or provoking nature.” The defendant’s younger family members joined into the fray. The
defendant ran out of the building and was tackled in the street by officers.
Two juvenile co-offenders have been found not guilty. At that trial, the Sgt. did say
that he felt soreness a couple of days later. Andre Grant represents both Ds. Note:
received $6 million from the city after being falsely accused in the Ryan Harris case. During a
402 conference, Judge Linn indicated that he would find the defendants guilty of misdemeanor
battery. Case is proceeding to jury trial because the defense wants an all out not guilty.
Perhaps they intend to sue CPD again.
Case was continued from last week because 2 key witnesses were not in court.
Warrants have been issued and the investigators believe that they can get the witnesses to
court on Monday.
NEXT COURT DATE:
Courtroom:

506

Judge:

Cannon

-----Jury next week

Case Name:
Case Number:
ASAs: Paul Chevlin & Karin Swanson
Charge(s):
Synopsis of the case:

 NEXT COURT DTEA- 

Significant Activity 12 D Wing
For the Week of: April 4, 2011
Courtroom:

700 -----Jury

Judge:

James Linn

Case Name:
Case Number:
ASAs: Maria Augustus & Vicki Klegman
Charge(s):

Aggravated Battery/Police Officer

Synopsis of the case: The defendant’s father attempted to elude police after committing a
traffic violation (no seat belt & incorrect license plate). Police pursued the father to his home
where other police joined the chase. Police followed the driver into the home. Upon entry, a
Sgt. saw this Defendant in a bedroom wearing boxer shorts and believed that the defendant
was the driver. The Defendant refused to come out of the bedroom and got into a physical
confrontation with the Sgt. The Sgt. was not injured, and the charges are based on “insulting
or provoking nature.” The defendant’s younger family members joined into the fray. The
defendant ran out of the building and was tackled in the street by officers.
Two juvenile co-offenders have been found not guilty. At that trial, the Sgt. did say
that he felt soreness a couple of days later. Andre Grant represents both Ds. Note:
received $6 million from the city after being falsely accused in the Ryan Harris case. During a
402 conference, Judge Linn indicated that he would find the defendants guilty of misdemeanor
battery. Case is proceeding to jury trial because the defense (Andre Grant) wants an all out
not guilty. Perhaps they intend to sue CPD again.
NOTE:
was one of the juveniles that had been arrested and later released in
the Ryan Harris case and was set to get over 6 million dollars the next day after this happened.
On April 6, 2011, the jury convicted both defendants
NEXT COURT DATE:
Courtroom

303/ 700

---Farmed out from Linn’s courtroom

Judge:

Thaddeus Wilson

Case#:
Case Name:
ASAs:
Charge:

Joe Latanzio and Yolanda Lippert

 Synopsis of the case: An eyewitness observed the defendant breaking the window of a bay
door and then crawling in. The witness alerted a passing squad car and K-9 unit was called.
The K-9 officer and dog found D hiding inside the garage. D made an admission to the
arresting officers that he owed people money so he broke in to steal expensive tools. The
manager of garage testified that D was not authorized to enter and that no damage had been
caused and no items were missing of displaced. The D testified to a necessity defense that he
had no choice but to break in and enter the garage because he was running from a group of
men (one of whom had shot him in the neck 18 years prior) and he was in fear for his life. The
State’s witnesses testified that no one was chasing the defendant.
On April 5, 2011, the jury found the defendant not guilty.
_________________________________________________________________________________
Courtroom:

700

Judge:

Linn

Case Number:
Case Name:

People v James Larry

ASAs:

James McKay, Joseph Magats

Charge(s):
First Degree Murder x 5, Intention Homicide of an Unborn Child x 2, Attempt
First Degree Murder x 3
Synopsis of the case: D pled guilty to select charges after being advised by the court that he
faced a mandatory minimum sentence of Natural Life
NEXT COURT DATE: May 4, 2011 for sentencing
_________________________________________________________________________________
Courtroom: 506
-----Jury
Judge:

Cannon

Case Name:
Case Number:
ASAs: Paul Chevlin & Karin Swanson
Charge(s):
Synopsis of the case:

 NEXT COURT DATE:
_________________________________________________________________________________
Courtroom: 504
-----Jury Next week
Judge:

Mike Brown

Case Name:
Case Number:
ASAs: Greg Ahern & Shelley Keane
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom: 700
-----Jury Next week
Judge:

Linn

Case Name:
Case Number:
ASAs:

Joseph Lattanzio, Maria Augustus

Charge(s):

Aggravated Unlawful Use of Weapon

Synopsis of the case: The defendant was stopped by police for a minor traffic violation. After
the police requested his license and insurance, the defendant opened the glove box and a .40
cal. semi automatic handgun fell out. The gun was unloaded but a magazine found in the glove
box contained five live rounds. The defendant does not have an FOID card.
NEXT COURT DATE: Jury selection on Monday April 11, 2011

 Significant Activity 12 D Wing
For the Week of: May 2, 2010
Courtroom:

205

Jury Trial

Judge:

Thomas Hennelly

Case Name:
Case Number:
ASAs:

David Williams and Andreana Turano

Charge(s):
Synopsis of the case:

.
.
NEXT COURT DATE:

_______________________________________________________________
Courtroom:

700

Plea

Judge:

James Linn

Case Name:

James Larry

Case Number: 10CR-9038
ASAs:

Jim McKay & Joe Magats

Charge(s):

Murder

Synopsis of the case: The defendant killed 5 family members. He plead guilty and was
sentenced to Natural Life on May 4, 2011

Significant Activity Next Week
Courtroom:

306

Bench Trial

 Judge:

Lawrence Flood

Case Name:
Case Number:
ASAs: Bob Schwarz and Yolanda Lippert
Charge(s):
Synopsis of the case:

NEXT COURT DATE:
_________________________________________________________________________________
Courtroom:

306

Bench Trial

Judge:

Lawrence Flood

Case Name:
Case Number:
ASAs: Bob Schwarz and Kelly Grekstas
Charge(s):
Synopsis of the case:

 and one year on a fleeing and
eluding charge in Markham. All sentences to run consecutively.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom:

700

Jury

Judge:

James Linn

Case Name:
Case Number:
ASAs:

Mary Jo Murtaugh & Jose Villarreal

Charge(s):

First Degree Murder

Synopsis of the case: The victim was drinking in the park when he decided to leave and go to
another party. As he was riding his bike, he got into a verbal altercation with a group of men
on a porch. This defendant and others punched and beat the victim who died as a result of
blunt force trauma.
This is the 3rd defendant on trial. Co-defendants
and
were
tried in November of 2010.
was a VG and he was sentenced to 30 years IDOC.
was VNG. The case was in the press in November due to
’
“promising career” as a boxer.
NEXT COURT DATE: May 9, 2011
_________________________________________________________________________________
Courtroom:

700

Jury

Judge:

James Linn

Case Name:
Case Number:
ASAs:

Jackie Lantz & Ruth Gudino

Charge(s):

ACSA

Synopsis of the case: The victim was waiting for a bus when the defendant approached and
grabbed her by the neck. The defendant pointed a gun at her and brought her to a vacant lot
by the railroad yard. After sex, the defendant pointed the gun at the victim, but the gun just
clicked as if it was jammed. The defendant fled, but the CSA kit matched his DNA.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom: 700 Jury

 Judge:

James Linn

Case Name:
Case Number:
ASAs:

Maria Augustus & new 3rd chair

Charge(s):

UUW/F

Synopsis of the case: On October 18, 2010 at 7:00 p.m., officers respond to a man with a
machete at
. The defendant threatened to behead his neighbor and when the
officers arrived, they arrested the defendant and recovered the machete.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom:

600

Jury

Judge:

Clayton Crane

Case Name:
Case Number:
ASAs:

Shawn Concannon & Ashley Moore

Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

 Significant Activity 12 D Wing
For the Week of: May 31, 2011
Courtroom:

600

Judge:

Crane

Case Name:
Case Number:
ASAs: Tom Darman, Joe Keating and Joe Kosman
Charge(s):
Synopsis of the case:

.
NEXT COURT DATE:

.

Significant Activity Next Week
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs: Maria Augustus and Mike Vojta
Charge(s):

Burglary

Synopsis of the case: On April 16, 2010 at
just after midnight, police
responded to a business alarm. Witnesses had seen the defendant climb up on the roof of a

 Subway Restaurant. The officers went on the roof and saw a hole in the roof. The officers
pulled the defendant out of the hole. The defendant is Class X by background.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom: 306
Judge:

Flood

Case Name:
Case Number:
ASAs: Bob Schwarz and Karin Swanson
Charge(s):
Synopsis of the case:

NEXT COURT DATE:

 Significant Activity 12 D Wing
For the Week of: June 6, 2011
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus and Michael Vojta

Charge(s):

Aggravated UUW- cl. 4

Synopsis of the case: August 24, 2010, Defendant was in a motorcycle accident at
and was taken by ambulance to Northwestern Memorial Hospital. A nurse
discovered a 9mm derringer, with two live rounds, in Defendant’s clothing while he was being
treated in the emergency room. Defendant has not been issued a valid FOID.
On July 16, 2011, the jury found the defendant guilty in 22 minutes.
NEXT COURT DATE: July 20, 2011 for sentencing
_________________________________________________________________________________
Courtroom:

600

Judge:

Crane

Case name:
Case number:
ASAs:

Renee Thibault and Megan Goldish

Charge:
Synopsis of case:

.

NEXT COURT DATE:

.

_________________________________________________________________________________

 Courtroom:

504

Judge:

Brown

Case Name:
Case Number:
ASAs:

Mary Anna Planey and Marina Para

Charge(s):
Synopsis of the case:

.

.

NEXT COURT DATE: None

Significant Activity Next Week
Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs: Kelly Grekstas and Yolanda Lippert
Charge(s):
Synopsis of the case:

NEXT COURT DATE:
_________________________________________________________________________________
Courtroom: 700
Judge:

Linn

 Case Name:
Case Number:
ASAs:

Paul Pavlus and Maria Augustus

Charge(s):

Attempt First Degree Murder, Aggravated Domestic Battery

Synopsis of the case: On January 8, 2010, the victim and the defendant were boyfriend and
girlfriend. They got into an argument at
and the police were called. A
hostage situation ensued during which the defendant shot his girlfriend (the victim) 4 times in
the buttocks. She survived. The defendant started a fire to cover up his deeds, but he was
unsuccessful. Note: One police officer accidently shot himself in the foot during the incident.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs: Ruth Gudino
Charge(s):

ACSA

Synopsis of the case:
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus & Michael Vojta

Charge(s):

Attempt First Degree Murder, Aggravated Battery Firearm

Synopsis of the case: December 16, 2009,
at approx 3pm, Defendant got into a
traffic dispute with Victims girlfriend. When Victim returned to his girlfriend’s car to see why
Defendant was yelling at her, Defendant fired four shots at Victim. Victim fled across Pulaski
as Defendant fired. When the owner of the car Defendant was driving was located, they

 identified Defendant as having borrowed the car. Defendant was identified by the victim and
witness. Victim has some permanent damage to his leg from the gunshots.
NEXT COURT DATE:
_________________________________________________________________________________
Courtroom :

306

Judge:

Flood

Case#:
Case Name:
Charge:

Attempt Murder

ASAs:
Synopsis of the case:

Next Date:
_________________________________________________________________________________
Courtroom:

504

Judge:

Brown

Case Name:
Case Number:
ASAs: Shelley Keane and Mike Vojta
Charge(s):
Synopsis of the case:

.

 NEXT COURT MBA: 

Significant Activity 12 D Wing
For the Week of: June 20, 2011
Courtroom:

205

Judge:

Hennelly

Case Name:
Case Number:
ASAs:

Andreana Turano & Victoria Klegman

Charge(s):
Synopsis of the case:

NEXT COURT DATE:

Significant Activity Next Week
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus, Michael Vojta

Charge(s):

Armed Robbery

Synopsis of the case: On January 3, 2011, Walgreens,
the Defendant
attempted to leave the store with 4 packs of women’s underwear without paying for the items.

 The Defendant was detained by a store employee and held in the back office while awaiting the
arrival of the police. While in the back office the Defendant brandished a knife threatening
the store employee. Another employee assisted the first in subduing the Defendant who was
then arrested by police.
NEXT COURT DATE: June 27, 2011, WFJ
_________________________________________________________________________________
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:
ASAs:

Maria Augustus, Michael Vojta

Charge(s):

Burglary

Synopsis of the case: On December 24, 2010, at
, CPD responded to a
business burglar alarm and found the rear door of a cell phone store pried open. None of the
offenders were on the scene. A review of the in-store surveillance showed the Defendant and 4
other offenders pulling up to the rear door of the store in a Dodge van, they pried open the
door and entered the store with plastic storage tubs. Once inside the store, the Defendant and
the other offenders filled the tubs with merchandise and then left through the rear door. The
Defendant was eventually detained after he was arrested in Lake County on an unrelated case.
The Defendant made statements admitting to being aware of a rash of cell phone store
burglaries and knowledge of the identities of the other offenders observed on the surveillance
tape, however denied being involved and denied he was visible on the tape.
NEXT COURT DATE: June 28, 2011 WFJ
_________________________________________________________________________________
Courtroom:

700

Judge:

Linn

Case Name:
Case Number:

2

ASAs:

Maria Augustus, Michael Vojta

Charge(s):

PCS/I

Synopsis of the case: On September 30, 2010, at 6:45 pm, at
, the Defendant is
observed by CPD engage in two separate narcotics transactions. After the Defendant is
detained, his stash is recovered from the siding of a nearby garage and it is determined to be
48 clear baggies containing two capsules each. Each of the 96 capsules contained heroin with a
tested weight of 5.1 grams. The Defendant also had $198.

 NEXT COURT DATE: June 29, 2011 WFJ
_________________________________________________________________________________
Courtroom:

306

Judge:

Flood

Case Name:
Case Number:
ASAs: Kelly Grekstas and Yolanda Lippert
Charge(s):
Synopsis of the case:

NEXT COURT DATE: