10 qt 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT COUNTY OF WINNEBAGO THE PEOPLE OF THE STATE OF ILLINOIS, Case No. 14 CF 922 Plaintifé, ve. RICHARD WANKE, Defendant. REPORT OF PROCEEDINGS at the hearing of the above-entitled cause before the Honorable ROSEMARY COLLINS, Judge of said Court, on the 19th day of December, 2014. APPEARANCES: MR. F. JAMES BRUN, Assistant State's Attorney, on behalf of the People; MR. DERRICK SCHMIDT and MS. ERIN HANNIGAN, Assistant Public Defenders, on behalf of the Defendant. Sandra Brassfield, CSR 17th Judicial Circuit Rockford, Illinois License No. 084-00329110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: No. 6, People versus Richard Wanke. All right. This is People versus Richard Wanke. Mr. Wanke is now in the courtroom. Good afternoon. Would each party identify themselves then. MR. BRUN: James Brun on behalf of the People. MR. SCHMIDT: Good afternoon, Your Honor, Derrick Schmidt on behalf of Mr. Wanke. MS. HANNIGAN: Erin Hannigan on behalf of Mr. Wanke. THE COUR‘ : Thank you. We are here today for continued hearing on the defendant's amended request to remove the Winnebago County Public Defender's Office as Defendant's counsel. MR. BRUN: Your Honor, at the last court date the Court asked us to locate various transcripts. At this time, if I may approach and provide a copy to the Court. THE COURT: All right. MR. BRUN: I have exerts of a transcript from 06 CF 405. This is the testimony of Barbara Brown. It's August 6th before Judge McGraw. Ms. O'Connor was present. It does include her testimony as well as the Court's ruling, which I believe was the flagged area. In regards to the second transcript, I believe it was presented by the defendant that Ms. Brown also10 a. 12 13 14 15 16 a7 18 1g 20 21 22 23 24 3 testified in 1998. I was unable to locate that transcript, Your Honor. THE COURT: When you say Barbara Brown, are you also talking about Maribeth Brown? MR. SCHMIDT: Yes. MR. BRUN: Yes, Your Honor. THE COURT: Okay. MR. BRUN: And the final request that we had discussed at the last court date was an affidavit from Detective Whisenand, reference who was spoken to in the public defender's office. At this point, I did speak with Detective Whisenand right after court. He was going to look into it. And he did speak with me the following morning. He was unable to determine any additional information that was included in the reports. But he was also going to speak with Detectives Torry Regez and David Lee. THE COURT: Okay. MR. BRUN: I have not received that information back yet. THE COURT: He does not have any personal recollection of who it was? MR. BRUN: No, Your Honor, he does not. THE COURT: Okay. Counsel.10 a. 12 13 14 1s 16 a7 18 19 20 21 22 23 24 MR, SCHMIDT: Yes, Your Honor. A couple of things. That report -- the person in the public defender's office, that was in Detective Regez's report, so that probably would be the easiest person to talk to regarding that matter. Also, I was informed by Mr. Wanke that he filed a motion to supplement Defendant's 12/12/14 motion and 12/15/14 argument. I don't know if that made it to the court file. THE COURT: Well, I'm not considering any filings that Mr. Wanke makes. So whether it's in the court file or not is not -- the Court doesn't consider him to be co-counsel on this case. So if you have filings that you want to bring to my attention, or if you want further time to review that, you can do that. But the fact that he files motions -- MR. SCHMIDT: (Interrupting) I completely understand that, Your Honor. However, in this case, on this very slim issue, I have told Mr. Wanke that, you know, this is a very personal issue and that I would let him speak on this issue and to clear the absolute error on this issue between me, my office, Mr. Wanke. I don't want any stone unturned; to think, (A), that I'm holding back on something just due to my position10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 with the office. So I have no problem adopting Mr. Wanke's amendment -- or a Motion to Supplement -- THE COURT: (Interrupting) I don't see anything in the court file, so if you would -- are they typed? MR. SCHMIDT: Yes. THE COURT: Okay. MR. SCHMIDT: May I approach? THE COURT: If you want to hand them to the Court. MR. BRUN: And, for the record, Your Honor, I have received, well, before coming to this courtroom, a motion to supplement the defendant's arguments from December 12, 2014, and it does have a file stamp on it of today's date. THE COURT: Okay. MR. SCHMIDT: The only thing I would ask is if that could be sealed for now. My e-mail address is on one of the exhibits, Exhibit A. And I would ask that that be redacted in the future since this is for -- open for the public. THE COURT: Redact it right now. It's not critical to the motion. MR. SCHMIDT: No. THE COURT: So redact it right now, because I10 11 12 13 14 1s 16 a7 18 19 20 21 22 23 24 won't seal it. So let's redact it. And I don't know if the clerk has that or not It does have a file stamp, but it is file stamped today. MR. SCHMIDT: Correct. THE COURT: I don't know that it's in the file yet. THE CLERK: No. THE COURT: The clerk doesn't even have it scanned yet. THE CLERK: I can't get the scanner to open. I'm sorry, Your Honor. THE COURT: The clerk can't get even get the scanner to open. MR. SCHMIDT: TI understand. THE COURT: So what I'm telling you to do -- and I have -- I will sign an order to this effect. So it's clear, the Court is giving you permission to strike that from the document. But you better go down to the clerk's office and get it. Because once it's scanned, it's scanned. MR. SCHMIDT: Yes, Your Honor, understood. As far as the question, Your Honor's request from our office was to speak to Mr. Doll -- THE COURT: Uh-huh (affirmative response) . MR. SCHMIDT: (Continuing) -- deputy public10 qa 12 13 14 1s 16 17 18 19 20 22 22 23 24 defender, regarding the issue of funds and experts. And I did speak with him regarding that issue. And his straight- up answer was that Ms. Sorensen has two absolute functions. One is to assign homicide cases; the other one is to allocate the budget. And there is no way around that; as far as Mr. Doll cannot allocate money without going through Ms. Sorensen which causes a, quite honestly, a huge problem as far as experts and things like that. I had thought that, quite honestly, they would find a way around that, and I was surprised by the answer. But it does not seem like there is any way around that, just a straight answer. So every decision we make on experts does eventually go, as far as the money, go through Ms. Sorensen who has been personally conflicted off the case. THE COURT: Okay. Thank you for that response. Anything else then? MR. BRUN: Nothing else at this time, Your Honor. THE COURT: All right. When do you think you'll get that information from the officers? MR. BRUN: Your Honor, actually before coming to court I did try calling Detective Regez and Detective Whisenand. I left messages on both phones but no contact10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8 back yet. I would hope I would have it, with the holidays -- we were going to set a date. I'm not here next Monday and Tuesday but next Friday if the Court is available. THE COURT: I'm not here. MR. BRUN: All right. THE COUR’ : Okay. And, counsel, I would ask that you get me a courtesy copy of your attachment to -- that Ms. Hannigan has in her hand; if you would get me a courtesy copy of that. MR. SCHMIDT: Your Honor may have that one. THE COURT: Then go make sure you get the one that's going to be filed. MR. SCHMIDT: Yes. THE COURT: All right. We'll set it over then, give the Court a chance to review this and also hear what other information. Well, I am going to be in trial the fist week of January but I do think we'll be able to move through it fairly quickly. How about Wednesday, January 7th in the afternoon, say 3:00 o'clock? MR. SCHMIDT: I will be here. MR. BRUN: Your Honor, I may not be available, but I'll have Ms. Hite Ross present. THE COURT: Okay. 3:00 o'clock then on January 7th.10 1a 12 13 14 15 16 17 18 19 20 ai 22 23 24 MR. BRUN: Thank you. THE COURT: This is still on Defendant's motion; time tolled. MR. SCHMIDT: Yes, ma'am. THE COURT: Thank you. MR. SCHMIDT: Thank you, Your Honor. THE COURT: That motion hasn't yet made it to the court file yet, according to this clerk. She was able to access it now. I don't know if it's already been filed. Maybe you can find out. MR. SCHMIDT: Yes, Your Honor. THE COURT: Do you believe you'll need a document from the Court giving you permission to delete that information, if it's already been filed? MR. SCHMIDT: It can't hurt. I will prepare one. THE COURT: January 7th. You put that wrong on here. MR. BRUN: Oh, I'm sorry. THE DEFENDANT: Thank you, Your Honor. THE COURT: Uh-huh (affirmative response) . Thank you.10 qn 12 a) 14 1s 16 17 18 19 20 21 22 23 24 10 CERTIFICATE OF SHORTHAND REPORTER I, Sandra Brassfield, a Certified Shorthand Reporter in and for the State of Illinois, do hereby certify that I reported in stenographic shorthand the testimony given in the aforesaid cause and that the foregoing transcript is a true and correct transcription of my stenographic notes so taken as aforesaid and contains all the testimony given at said cause to the best of my ability. I further certify that I am neither attorney or counsel for, nor related to or employed by any of the parties in this action, and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action. Dated this 13th day of Jamuary, 2015 Sandra Brassgidld, CSR License No. 084-003291 17th Judicial Circuit State of Illinois