IN THE CIRCUIT COURT FOR THE TWENTYTHIRD JUDICIAL CIRCUIT DEKALB COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, vs. JACK D, MeCULLOUGH, Defendant. 2 2 NOTICE OF FILING To: DeKalb County State's Attorney Attention: Richard H, Schmack DeKalb County Courthouse Sycamore, Illinois 60178 YOUR ARE HEREBY NOTIFIED that on October 19, 2015, there was filed with the Clerk of the Court the attached Motion to Supplement. Dated: October 19, 2015 Name: Thomas O. McCulloch Public Defender DeKalb County Defender's Office (815) 899-0760 VICE ss paweo? 1, Thomas O. MeCulloch, an attomey, certify thator-October 19, 2015, I served this notice and a copy of the attached Motion to Supplems ‘delivering a copy through inter-office mail addressed to the State’s Attorney's Office; marked the attention of The State's Attorney listed PROOF OF Subscribed and Swor to before me this day of 2015 Notary PublicState of Illinois ) #01826891 ) County of DeKalb) IN THE CIRCUIT COURT FOR THE TWENTYTHIRD JUDICIAL CIRCUIT DEKALB COUNTY, ILLINOIS People of the State of Illinois, Plaintiff, vs General No. 11 CF 454 Jack D. McCullough, Defendant-Petitioner Motion to Supplement Defendant's Motion to Reconsider the Dismissal of Defendant's Post Conviction Petition NOW COMES the Defendant-Petitioner, Jack D. McCullough, by his trial attorney, Thomas O McCulloch, moving this Honorable Court for leave to supplement his previously filed Motion to Reconsider, and, in support thereof, states as follows: 1, That defendant's counsel filed and served a motion to reconsider the dismissal of Defendant’s Post Conviction Petition on October 13, 2015; 2. That, at the time of filing, counsel was aware and had been informed of various conversations between Janice Edwards who is now known as Janice Swofford, and reference was made to positions which she has taken; 3. That, since the time of filing, counsel for the State has provided copies of correspondence senton November 6, 2014 to Ms. Swofford, and-a faxed response from MIs. Swoterd dated November 10, 2014, copies of which are attached and incorporated herein; 4, That counsel desires to supplement his previously filed Motion to Reconsider accordingly. WHEREFORE, for the above and foregoing reasons, and for such other and further reasons as ‘may be just and appropriate, counsel moves to supplement the previously filed and served Motion to Reconsider. Respectfully submitted, Minny CC ean Thomas O. McCullochOffice of the DeKalb County State’s Attorney General Offices: ‘Tel: (815) 895-7164 Fax: (815) 895-7101 DeKalb County Courthouse 138 W. State Street Sycamore, Mlinois 60178 RICHARD H. SCHMACK State’s Attorney * November 6, 2014 Janice Swafford 503 23" Avenue W Apt Bradenton, FL 84205-8225 RE: People v. Jack D. McCullough Case No. 11 CF 454 Dear Ms. Swafford: ‘As you may be aware, I am the State’s Attorney of DeKalb County, and would be responsible for decisions regarding the prosecution of Mr. McCullough should his conviction be reversed in the case and returned to DeKalb County. Of course Ema. ie State’s Attorney’s Office;and came to Illinois, but. never test at. When you appeared on the “Dr. Phil” show a few weeks ago, you gave a brief account of contact with you had with Mr. McCullough on the night of the Ridulph kidnapping. This account seemed more consistent with the defense’s theory of the timeline than the prosecution. I was surprised you were given so little time to explain and that no questions were posed to you. In addition, it seems entirely inconsistent with an investigative report prepared by the Illinois State Police Investigator, Brian Hanley, which purports to be accurate “field notes” of a telephone conversation he says he had with you on October 4, 2010. These notes include the following sentence, “Jan stated the night Maria was kidnapped her parents would not let her leave the house at all not even to go on date, she does not recall John coming to her house that night.” 1 would be very interested in knowing whether or not you said this to Mr. Hanley, or even spoke with him, and if you did, why you now recall things much differently.Janice Swafford November 6, 2014 Page 2 of 2 I realize all of this happened almost 57 years ago, so I cannot, and do not, expect anyone to have complete recollection of anything. My job is primarily to seek justice, and I feel that your recollections of the events of December 3, 1957, and your fresher recollections of your dealing with the Illinois State Police, othor police agencies and former employees of my office may be of great assistance in that endeavor. Please contact me, by any means you prefer, to make arrangements for a conference of some sort. Isw www.dekalbcounty.orgJan Swafford eat 7arre2a pa November 10,2014 Mr. Richard Schmack Faxed to 815-895-7101 llinois State’s Attomey, Dear Mr. Schmack: Today | received your letter. 1am greatly disturbed by what you say is in Mr. Hanley's report. Itis ‘completely the opposite. | did not ever say that he wasn’t with me on that night or that Dad wouldn't let me out of the house. ‘What | did say i,” | can’t confirm the exaét date that my recollection happened, but he came over, about 9:30pm as we had planned. He couldn't stay long becouse | had a curfew. We went outside to the car because we wanted to talk, He said he was very excited and happy because he had just passed his test for the Air force and he will be able to get in to it. He asked me to hold the train ticket for him. sohe wouldn't lose it.” That wasit. We talked for awhile and he went home. ‘Alot of things that | heard that Mr. Hanley and the newspapers said are incorrect. It sounds lke they just wanted to make an interesting story about it and get a conviction. Allt know is what | know to be true. My memory of that night has never changed, and | have tried to ignore all of the newspaper's ve ‘of what I said and just stuck to what | actually remember. | was in the Fargo during the entire trial and they did not call me. 1 wanted to tell my story, but never had the chance. Sincerely, Jan Swafford