STATE OF ILLINOIS

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

COUNTY OF WINNEBAGO

THE PEOPLE OF THE @©PY

VVVVVVVUVV
STATE OF ILLINOIS,

Plaintiff, N0. 2014-CF—922

VS.

RICHARD E. m, STATUS

Defendant.

10 REPORT OF PROCEEDINGS at the hearing of the

11 aboveeentitled matter before the Honorable Rosemary Collins,

12 Judge of said Court, heard on Thursday, the 20th day of

13 October, 2016.

14 APPEARANCES:

15 MS. MARILYN HITE ROSS,

Chief of the Criminal Bureau,
16 MR. F. JAMES BRUN,
Deputy State's Attorney,
17 MB. PAMELA'WELLS,
Assistant Deputy State's Attorney,
18 appeared on behalf of the State of Illinois;

19
MR. NICK ZIMMERMAN,
20 Assistant Public Defender,
MR. ROBERT SIPDIEHL
21 Assistant Public Defender,
appeared on behalf of the Defendant;
22

23 Defendant appears in custody.

24

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 THE COURT: All right. This is People versus Richard

Wanke.

We're set this afternoon to see where we are, and the

Court has not yet finished its decisions on the motions in

limine, so that will short-circuit, I think, a lot of things

for today. The State has filed their amended eighth motion in

limine to exclude witnesses. This is one we already addressed.

MS. WELLS: Yes, ma'am.

THE COURT: So do you have any objection to that?

10 MR. ZIMMERMAN: No, Judge. We didn't take a position on

11 it the last time.

12 THE COURT: Okay. So this will be heard and granted.

13 Mr. Wanke, do you need any time to talk to your

14 attorneys?

15 THE DEFENDANT: I spoke to them briefly before coming in

16 here, your Honor.

17 THE COURT: Do you need more time to speak to them?

18 THE DEFENDANT: We're trying to set up —— because the

19 investigator is on vacation until the end of the month, we're

20 trying to set up times to meet and who's going to continue to

21 review with me discovery. But I think, if they can check their

22 schedule and plan that, I think we're fine.

23 THE COURT: Okay.

24 THE DEFENDANT: Thank you.

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084-004336
 THE COURT: All right. So I don't think there's really

much we need to do here today, then. We're also set for next

Wednesday at 3:00 o'clock and the 3lst at 2:30, so .

MS. WELLS: Judge, procedurally, we had discussed before

the last trial date what date to bring in witnesses and we

don't want to assume that you're planning the same thing for

this trial date because we know that Friday is a holiday, so

could we discuss that at least, because we‘re starting to get

those phone calls.

10 THE COURT: Sure.

11 MS. WELLS: Yeah.

12 THE COURT: I think jury selection will take us two and a

13 half days, at least that's my prediction, so I would like the

14 attorneys to be ready to do opening statements on Wednesday,

15 the 9th, and then witnesses here on Thursday. You know, I

16 could be wrong. It could be that we go a lot quicker than

17 that, so have some witnesses that you could maybe call, you

18 know, maybe police officers and the like that you could see if

19 they're available just in case. I don't know. What do you

20 think? Do you think it will be quicker than two and a half

21 days for jury selection?

22 MS. HITE ROSS: I think —— I think that's an accurate

23 estimate, in my opinion, Judge. And we can certainly, you

24 know, have local witnesses that aren't traveling on call for

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 Thursday or Wednesday, if you want.

THE COURT: I mean, we could just try to get it done in

two days. I don't really have, you know, a whole lot of other

cases set then and so I'm trying to not set as many on Monday

morning as I have in the past. So we should be able to get

started pretty quickly. Why don't we say have your witnesses

available for Wednesday.

MS. HITE ROSS: Okay.

THE COURT: You'll do opening statements Wednesday still.

10 I won't make you do opening statements on Tuesday even if we

11 have the jury selected on Tuesday. So opening statements on

12 Wednesday. Let's try to get in two days of testimony, if we

13 can, so Wednesday and Thursday. We still have to take off for

14 Friday, but we're going to try to see if we can use that for

15 some other things and then we'll go into the next week.

16 MS. HITE ROSS: Very good, Judge.

17 THE COURT: Okay. All right.

18 MR. ZIMMERMAN: Judge, just a couple matters. We did do

19 the two evidence depositions last week.

2O THE COURT: Uh—huh.

21 MR. ZIMMERMAN: We —— even prior to one of them, we

22 anticipated a motion in limine regarding that person's

23 testimony. And perhaps most of it will be covered by the

24 Court's rulings on the other motions in limine, but there was

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 some additional matters that may not fall under that motion in

limine that we'll probably file a motion on. The __ but we

would ask that the State provide transcripts from those

depositions as well as there's also a video recording taken.

We would ask for that as well.

THE COURT: When will you have those ready, State? I know

it's rushing ——

MS. HITE ROSS: Judge -—

THE COURT: -- we have to have them.

10 MS. HITE ROSS: —— I was checking to see if I had a return

11 email.

12 THE COURT: Sure.

13 MS. HITE ROSS: I had spoken with our court reporter who

14 was the court reporter. I had asked that we have them by

15 today's date. I haven't gotten them, so I had my office

16 manager try to reach her while I came down to court, but we

17 absolutely plan on tendering the transcript as well as a copy

18 of the video to defense counsel as soon as it's ready.

19 THE COURT: Okay. Can you do that by tomorrow, then?

20 MS. HITE ROSS: Hopefully. Because I told her, Judge,

21 that I wanted them —— I wanted the transcript before court

22 today ——

23 THE COURT: Uh—huh.

24 MS. HITE ROSS: —— because that's what the Court had

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 indicated the Court would prefer ——

THE COURT: Yes.

MS. HITE ROSS: —— and so when I checked before coming to

court, it wasn't with other staff, so .

THE COURT: You know, we're running out of time to get

much done beforehand, so I need to get —H I need to have that

in their hands --

MS. HITE ROSS: Yes.

THE COURT: -— so that we have time. We're running out of

10 my time, you know, in terms of my availability.

11 MS. HITE ROSS: Yes, I understand, your Honor. And I

12 will —— I will try to take care of that today, if she's

13 available —-

14 THE COURT: Okay.

15 MS. HITE ROSS: __ and get that to the Court.

16 THE COURT: And you can get him a copy of the video, too.

17 MS. HITE ROSS: Yes, your Honor.

18 THE COURT: Okay. All right. Thank you.

19 THE DEFENDANT: Excuse me, your Honor.

20 THE COURT: Yes.

21 THE DEFENDANT: This is just for scheduling, too. I found

22 out yesterday November 4th -— I don't think we have anything

23 planned for that day or scheduled for November 4th ——

24 THE COURT: That's correct.

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 THE DEFENDANT: —— Friday. I have conference calls and

possibly more depositions involving my U.S. District stuff, so

I just wanted to say that I —— just to give everybody a

heads—up I'm busy that day.

THE COURT: All right.

THE DEFENDANT: And I'm appearing in front of Judge McGraw

sometime during the first part of November. The clerk can look

it up, but I don‘t remember that date. I don't think it would

be very long. It would just be an appearance, but I just

10 wanted to --

11 THE COURT: That's going to be continued.

12 THE DEFENDANT: Right.

13 THE COURT: You're not going to be appearing anywhere

14 else —-

15 THE DEFENDANT: Right.

16 THE COURT: F~ while this trial is in session.

17 THE DEFENDANT: Right. I'm just giving everybody a

18 heads-up.

19 THE COURT: Now, if it's the early part of November, like

20 November 1st or 2nd, that's fine.

21 THE DEFENDANT: I think it's the 10th or 12th or something

22 like that.

23 THE COURT: We'll be happy to tell him that you're held to

24 trial here.

Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 THE DEFENDANT: Right, right.
THE COURT: All right. Anything else?

MR. ZIMMERMAN: No, your Honor.

THE COURT: All right. Thank you.

MR. SIMMONS: Thank you, Judge.

9: ‘k *

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Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336
 CERTIFICATE OF SHORTHAND REPORTER

STATE OF ILLINOIS )

COUNTY OF WINNEBAGO )

I, Lisa D. Fernandez, Official Court Reporter for the

17th Judicial Circuit of the State of Illinois, Certified

Shorthand Reporter No. 084—004336 and Registered Professional

Reporter, do hereby certify that on Thursday, the 20th day of

10 October, 2016, I reported the proceedings had in the

11 above—entitled matter before the Honorable Rosemary Collins,

12 and that the same is a true, correct, and complete

13 transcription of said proceedings held on said date.

14 Dated this 6th day of June, 2017.

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18 .53
Lisa D. Fernandez
19 Official Court Repor

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Lisa D. Fernandez, CSR, RPR

Official Court Reporter
CSR License No. 084—004336