Motion to Strike or Dismiss Count 2 Of Indictment

STATE OF ILLINOIS

)
)
COUNTY OF COOK)
ss
PEOPLE OF THE STATE OF ILLINOIS, )
)
Plaintiff, )
)
vs. )
)
ANNABEL K. MELONGO, )
)
Defendant. )
#25999
No. 07 CR-2341
Count 2
MOTION TO DISMISS INDICTMENT
OR STRIKE PORTIONS THEREOF
Comes now the Defendant, ANNABEL K. MELON GO, by her counsel, JAMES
J. FLOOD, P.C., and asks this Honorable Court, pursuant to 725 ILCS 5/ 114-1, to
dismiss the indictment (Count 2) in this cause, and as grounds for said request alleges and
states:
1. The indictment alleges that: "THAT ON OR ABOUT MAY 1, 2006
ANNABELLE MELONGO ACCESSEDSAVE A LIFE FOUNDATION, INC. ' S
(N.F.P.) COMPUTER SERVERS LOCATED IN SCHILLER PARK, ILLINOIS AND
ACCESSED THE ACCOUNT OF CAROL SPIZZIRRI, SAVEALIFE FOUNDATION,
INC.'S (N.F.P.) PRESIDENT AND FOUNDER."
2. The People cannot establish that the subject COMPUTER SERVER was
located in Schiller Park, Illinois. Therefore, the People cannot establish venue; for the act
complained of.
3. The computer server was owned and operated by a separate entity other
than SALF. That entity, eNom, Inc. was at all times relevant located the Bellevue,
Washington. SALF at the date and time alleged purchased time usage on an e-mail
server. The computer server was physically located in the State of Washington.
4. The indictment fails to allege the location, nor can the location of the
access to the computer server be ascertained to perfect venue of the offense alleged to be
in Cook County, Illinois. Therefore, the language alleged in Paragraph 1 above should be
stricken and Count 2 should be dismissed for failing to allege a criminal act occurring in
Cook County, the State of Illinois.
5. The indictment pleads acts by the Accused in the disjunctive instead of the
conjunctive.
6. The indictment does not state a criminal cause of action with sufficient
specificity for the Accused to prepare a defense or to protect herself from double
jeopardy.
WHEREFORE, the Defendant prays that this Honorable Court grant the
following relief:
A. That the indictment in this cause be dismissed.
B. That those portions of the indictment that are legally insufficient be
stricken.
C. That the Court grant whatever other relief it deems just to ensure the
accused a fair trial.
JAMES J. FLOOD, P.C. #25999
6097 N. Northwest Highway
Chicago, Illinois 60631
773/467-1191
Indictment Strike.Mot!Criminal
Respectfully submitted,

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