MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
request of the Court and of the State‟s Attorney, the Petitioner provided a copy to the State‟s
Attorney and Judge Prather.While placing the document into the court record, Judge Prather ruled without considering theamended filing.
Statement of Facts:
The Circuit Court has the authority to address the petitioner‟s request. „The members of theGrand Jury are under supervisory authority of circuit courts.” (Report of Grand Jury
of Marshal County, 438 N.E.2d 1316, Ill.App.3.Dist.,1982).2.
The petitioner is desirous of seeing the US Constitution, the Illinois Constitution and the lawsof the State of Illinois being upheld. The petitioner asserts she is a victim of voter fraud.3.
The petitioner argues that the matters raised in her petition are most extraordinary and
involving due process and miscarriage of justice. “
It is only under most extraordinarycircumstances, where necessary to prevent deprivation of due process or miscarriage of justice, that court should exercise supervisory power over grand jury investigation. (Matter of Swan, 415 N.E.2.d 1354, Ill.App.2.Dist., 1981)4.
The petitioner‟s suit is peculiarly within the public‟s interest and the public‟s right to know”
On February 3, 2010, the petitioner went before Judge Michael Caldwell on a Motion for aTemporary Restraining Order. During the time the Petitioner was before Judge Caldwell, heinformed her that he had used a portion of the 2 hour break from the court processes, toreview the full file, including the amended filing. His ruling therefore reflects at least some
review of the petitioner‟s arguments in the
amended motion and he found:
“In the instant case, however, the nature of the case, the allegations c
ontained in thepleadings and the relief requested has a unique public interest. The challenge is to thevalidity of elections and the commission of fraud in relation to those elections. The merefact that such a charge has been formally made and that the petitioner has moved forward
with it in the public domain is peculiarly within the public‟s interest and the public‟s right