STATE OF ILLINOIS

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

COUNTY OF WINNEBAGO

THE PEOPLE OF THE

STATE OF ILLINOIS,

Plaintiff,

V. NO. 2014-CF—922

RICHARD E. WANKE,

Defendant. TRANSFER OF DOCUMENTS

10

ll REPORT OF PROCEEDINGS at the Hearing

12 of the above—entitled cause before the Honorable

13 Rosemary Collins, Judge of said Court, on the 23rd

14 day of September, A.D., 2016.

15

16 APPEARANCES:

17 MS. MARILYN HITE ROSS,

Chief of Criminal Bureau and
18 MR. F. JAMES BRUN,
Assistant Deputy State's Attorney,
19
on behalf of the People.
2O
MR. NICHOLAS ZIMMERMAN and
21 MR. ROBERT SIMMONS,
Assistant Public Defenders,
22
on behalf of the Defendant.
23

24

Kathi Anderson, CSR

License No. 084—00210?
 THE CLERK: People v. Richard Wanke,

l4—CF-922.

(Defendant enters)

THE COURT: The court set this case this

afternoon in light of what occurred yesterday at

the close of the court call. I wanted to address

this matter in more detail. And what I am talking

about, "this matter," is the transfer of materials

from Mr. Wanke to his attorney who then transferred

10 it to a spectator in the courtroom.

ll The State said, as I recall, that this also

12 occurred on September 14th. Is that correct?

13 MS. HITE ROSS: Yes, Your Honor.

14 THE COURT: And has it occurred on any

15 other dates that you are aware of in open court?

l6 MS. HITE ROSS: I have not observed any

17 other dates, Your Honor.

18 THE COURT: Mr. Zimmerman, has this

19 occurred on any other days other than yesterday and

20 the September 14th date?

21 MR. ZIMMERMAN: I don’t recall, Judge.

22 THE COURT: Has this occurred outside of

23 the courtroom?

24 MR. ZIMMERMAN: Judge, I —— it probably

Kathi Anderson, CSR

License No. 084—002107
 has but I don't recall specifically. I mean...

THE COURT: So there may have been times

where either Mr. Wanke —— Mr. Wanke either gave you

information to give to people outside of your

office and staff, and there —— and that may have

occurred outside of the courtroom and the courtroom

environs.

MR. ZIMMERMAN: Yes.

THE COURT: That could have included

10 packets of material?

11 MR. ZIMMERMAN: I wouldn't say packets of

12 material. I mean it would be paperwork.

l3 Nothing... It would be paperwork.

14 THE COURT: In envelopes?

15 MR. ZIMMERMAN: I don't recall, Judge.

16 THE COURT: All right. So nothing that

17 you personally viewed so you are aware of the

18 contents of it.

I9 MR. ZIMMERMAN: No. I would have viewed

20 the... No, would have viewed the contents of

21 whatever it was.

22 THE COURT: Did you view the contents

23 yesterday?

24 MR. ZIMMERMAN: Yes.

Kathi Anderson, CSR

License No. 084—002107
 THE COURT: Did you view the contents on

September 14th.

MR. ZIMMERMAN: I would have.

THE COURT: Okay.

It is so —— it so shocking to me, frankly, and

I said that yesterday, that an attorney would

involve themselves in circumventing the rules of

the jail regarding transfer of materials for a

prisoner —— from a prisoner to someone outside of

10 the jail. It is absolutely unacceptable.

ll I would not expect to have to enter an order of

l2 this nature but it appears that I am going to have

l3 to. And so even though the jail rules clearly

14 state, which I did receive from the jail, that all

15 outgoing mail shall be clearly marked and will be

16 inspected and read, it appears that in this case

17 the defendant has circumvented those rules with the

18 help of —— of defense counsel. So let me make it

19 real clear that it is now an order of this court in

2O this case that nothing may be taken from an inmate

21 in the Winnebago County Jail, any inmate in the

22 Winnebago County Jail and —— in circumvention of

23 the jail rules. No document maybe transferred from

24 an inmate to any individual other than the named

Kathi Anderson, CSR

License No. 084~002107
 attorneys who may not transfer it to any other

individual other than the defense team without

specific authorization of the court.

Nothing may be transferred to the prisoner by

the attorneys or anyone working at their

direction. That means your —- your investigator.

Has that occurred where you've received

information from other parties that you have given

to Mr. Wanke?

10 MR. ZIMMERMAN: No, Judge.

11 THE COURT: All right. So the path of

12 information always was Mr. Wanke out and never in

13 to Mr. Wanke.

14 MR. ZIMMERMAN: I believe so.

15 THE COURT: Nothing may be transferred to

16 Mr. Wanke. No pens, no contraband, no safety paper

17 clips. The jail rules are very specific about what

18 can be —— what can occur and what can’t. Nothing

19 may be transferred to Mr. Wanke. I don’t know if

20 you've transferred pens to him in the past or any

21 other materials. But nothing may be given to Mr.

22 Wanke. You go over discovery with him. But

23 nothing can be given to him. If he uses a pen

24 while you are —— while you are there then you must

Kathi Anderson, CSR

License NO. 084-002107
 collect the pen when you are done.

Is there any question about the court's order

in this case?

MR. ZIMMERMAN: No, Judge.

THE COURT: Anything else then regarding

this particular issue from the State?

MS. HITE ROSS: No, Your Honor.

THE COURT: So this can't occur whether it

is either in my presence or in the jail or in the

10 holding cell, anywhere.

ll I will order Mr. Zimmerman to prepare the

12 order. And that’s all then for today.

13 MR. BRUN: Your Honor, I am not sure.

14 Would the court like an additional jail order? It

15 would duplicate the assignment to the court —— the

l6 schedule we entered into yesterday.

17 THE COURT: That’s fine.

18 (Defendant remanded)

19 THE COURT: I am adding on here all the

20 rules of the Winnebago County Jail must be

21 followed.

22 (Which were all the

23 proceedings of record on

24 this date)

Kathi Anderson, CSR

License No. 084—00210?
 STATE OF ILLINOIS

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

COUNTY OF WINNEBAGO

C—E—R—T—I—F—I-C-A-T-E

I, Kathi Anderson, CSR, an Official

Court Reporter, Seventeenth Judicial Circuit,

Counties of Boone and Winnebago, State of Illinois,

10 do hereby certify that I reported in stenotypy the

11 aboveventitled cause, and that I thereafter

12 transcribed into typewriting this Report of

13 Proceedings which I hereby certify is a true and

14 correct transcript of said proceedings had before

15 the Honorable Rosemary Collins, Judge of this

16 Court, on the 23rd day of September, A.D., 2016.

17 IN WITNESS WHEREOF I have hereunto set my

18 hand this 7th day of September, A.D., 2017.

19

20

21

22
License No. 084—002107
23

24

Kathi Anderson, CSR

License No. 084-00210?