Case: 1:11-cv-01722 Document
#:
48 Filed:
01118/12
Page 1 of 3 PagelD#:186
IN THE UNITEDSTATES DISTRICT COURTFORTHE NORTHERN DISTRICT OF ILLINOISEASTERNDIVISION
LOUISFROBE,
)
))
)
))))
)
)
Plaintiff,Case No.:
ll-CV
-1722vs.Hon.Rebecca
R.
PallmeyerVILLAGE
OF
LINDENHURST,et al.,Defendants.
DEFENDANT LISA MADIGAN'S STATEMENTREGARDING THE DECEMBER 19, 2011 ORALARGUMENT
Pursuant tothisCourt's request,DefendantLisa Madigan submits this statement
confirming thatheroffice
is
not prosecutingAnnabel Melongounder the IllinoisEavesdropping Act ("Act").DuringtheDecember19,2011 oral argument on
defendants'motionstodismiss, plaintiff's counsel toldthisCourtthatAttorney General
Madigan
is
prosecutingMelongo in theCircuit Court
of
Cook County for a violation
of
the Act.Plaintiff's counselwas mistaken and his representationto the Courtwas
incorrect.Here are the facts. The Cook County State's Attorney,not Madigan'soffice,is
prosecuting Melongo under the Eavesdropping Act. TheAttorney General's Officeassisted aninvestigation
of
Melongo
in
connectionwitha computertamperingcharge and
initially assisted theCook CountyState'sAttorney
in
the prosecution
of
the
computertampering
charge. The AttorneyGeneral's Office
is
notcurrently assistingtheCook
County State's Attorney withthat prosecution.
Case: 1:11-cv-01722 Document #: 48 File
d:
01/18/12
Page 2 of 3 PagelD #:187
After Melongo was indictedforcomputer tampering, theCook CountyState's
Attorney independentlychargedMelongo under theEavesdroppingAct.
The
AttorneyGeneral's Office providedsometechnical assistance to theCook County
State's
Attorneyby helping to retrievetherecordingatissue. Butcontraryto the representation
of
plaintiff'scounsel,Madigan'sofficedid not charge Melongo under theActand
is
notprosecuting her undertheAct. Madigan'sofficehad no role in theCook County
State's
Attorney's decision to prosecute Melongo under the Act. Moreover,
Madigan's
understanding is that Melongo is being prosecuted under the Act for recording a courtreporter, not a policeofficer.Dated: January
18,2012
LISA
MADIGAN
AttorneyGeneral
of
IllinoisRespectfully submitted,
/s/
Michael
T.
Dierkes
Michael
T.
DierkesOffice
of
the IllinoisAttorney GeneralGeneral
Law
Bureau100 West Randolph Street,
13
th
FloorChicago,Illinois 60601(312) 814-3000Counsel forDefendant Madigan
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Illinois Attorney General Throwing The Cook County State Attorney Under The Bus Regarding Melongo's cases
The Illinois Attorney General is prosecutorial involvement in Melongo's cases beyond providing a limited assistance to the Cook County State Attorney.
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