oN Oarn WN 14 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF_ILLINOIS IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT COUNTY OF WINNEBAGO THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, vs 2014-CF-922 RICHARD E. WANKE, Defendant. € O PY REPORT OF PROCEEDINGS at the hearing of the above-entitled cause before the Honorable ROSEMARY COLLINS, Judge of said Court, heard on the 18th day of September, A.D., 2014. PRESENT: MS. MARILYN HITE ROSS, Deputy State's Attorney, MR. F. JAMES BI Assistant State’ s' Attorney Appeared on behalf of the People; MR. FRANK S. PERRI and MS. ERIN HANNIGAN, Assistant Public Defenders, Appeared on behalf of the Defendant. Joyce M. Olson Official Court ReporterON oan won a 11 12 13 14 15 16 Ve 18 19 20 21 22 23 24 PROCEEDINGS THE CLERK: No. 8, People versus Richard Wanke, 14-CF-922. THE COURT: All right. Good afternoon. This is People versus Richard Wanke. MR. PERRI: Judge, Frank -- THE COURT: Wait. I want to just make sure they're hooked up. Can you hear me? THE DEFENDANT WANKE: Yes, ma'am. THE COURT: All right. MR. PERRI: Judge, Frank Perri for Mr. Wanke. MS. HANNIGAN: Erin Hannigan on behalf of Mr. Wanke. MS. HITE ROSS: Marilyn Hite Ross for the People. MR. BRUN: James Brun for the People. MR. PERRI: Judge, may I speak? THE COURT: Sure. MR. PERRI: Judge, this past Tuesday I had been informed that I was assigned to the case. THE COURT: Uh-huh.ONO WON & "1 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. PERRI: That same day I went to see Mr. Wanke, and I saw him yesterday. Judge, I also today went and dropped off a motion to withdraw. I have a copy for you that I need to file with -- THE COURT: Okay. MR. PERRI: -- this court. THE COURT: A11 right. MR. PERRI: Thank you. THE COURT: You know, if you don't mind, I'm gonna take this call real quick, and I'll be right back. MR. PERRI: Yes, Judge. Do you want us to wait here, Judge? THE COURT: Yes. MR. PERRI: Okay. (Whereupon a short recess was had.) THE COURT: I'm sorry for the interruption. Okay. All right. There is a motion to withdraw as counsel due to a per se conflict of interest. I haven't seen it before today's date. Obviously, I'll have to review it. We'll set it for argument on this.ONOoOarkh WN = "1 12 13 14 15 16 17 18 19 20 21 22 23 24 All right. Here's the thing. When the public defender was in this case before, they filed a motion to withdraw, and I said no, that there were attorneys in the office who were not in the office when Mr. Clark was -- was killed. And so the fact that they may have assigned it to an attorney who did know him does not mean your office is going to be allowed to withdraw simply because of that. Now, I don't know if you have other reasons in here or not, but I see in here that you've known Mr. Clark. MR. PERRI: I am -- I am not saying that our office. I'm only speaking for myself, not for anybody else, Judge. THE COURT: I have no problems if your office wants to reassign it to somebody else, but I am not withdrawing the public defender's office because they've given this case to somebody who had a relationship with Mr. Clark. MR. PERRI: I am not filing on behalf of the office. I don't have that authority. I am filing a motion, a motion on behalf of myself, Judge. When you read it, you'll see it hasOoNoank wn = 11 12 13 14 15 16 17 18 19 20 21 22 23 24 —_ 5 nothing do with the office. THE COURT: Okay. Well, then I think your better -- your course should be that you go to your supervisor and say I can't take this case and here is why. MR. PERRI: Judge, I've already done that, and I put this motion together because I haven't been taken off the case. THE COURT: A11 right. MR. PERRI: I did go to them, Judge. Several months ago I had a meeting with Ms. Sorensen, and it came up inadvertently, -- THE COURT: Uh-huh. MR. PERRI: -- and I explained my concerns with that without going into detail -- THE COURT: Uh-huh. MR. PERRI: -- of why. When I got this case Tuesday, I was very concerned and, quite frankly, unsettled. THE COURT: Uh-huh. MR. PERRI: I went to Karen, I went to Dave Doll about this. Had this case been reassigned, I wouldn't have filed this, --ON OAR ON = 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 | counsel , lightly, so -- here. problems. THE COURT: MR. PERRI: case law to disclose THE COURT: MR. PERRI: THE COURT: MR. PERRI: Judge. THE COURT: MR. PERRI: THE COURT: you off this case? MR. PERRI: THE COURT: MR. PERRI: THE COURT: MR. PERRI: THE COURT: MR. PERRI: Uh-huh. -- but I had to be fair under all this to this court -- Sure. -- and to Mr. Wanke and to Uh-huh. -- so I don't do this No, I know. I don't. So they've refused to take At this point I even gave a copy of a draft motion to Mr. Doll yesterday, and Let's call Mr. Doll down So -- Let's see if he's here. I'm -- I'm just -- Okay. I'm not trying to causeTHE COURT: No, I understand that, and I'm not saying, and -- MR. PERRI: You know, but ... THE COURT: But if you're -- and that's what I said to the public defender when they were here is that there were attorneys in the office who were not here when this occurred. And so in light of the fact that you had a personal relationship -- THE DEFENDANT WANKE: (Indicating distress.) THE COURT: What happened? MR. PERRI: Are you all right? THE DEFENDANT WANKE: Yeah. There was some static. THE COURT: Okay. In light of the fact that you had a personal relationship with Attorney Greg Clark, then I agree that you should not be doing this case. Now, Counsel, what about you? You're also here on this case, is that correct? MS. HANNIGAN: That's correct, your Honor .OoNoakhR won = 11 12 13 14 15 16 17 18 19 20 24 22 23 24 THE COURT: Did you know Attorney Greg Clark? MS. HANNIGAN: I did. THE COURT: All right. You -- were you here when he was? MS. HANNIGAN: Yes, I was. THE COURT: Okay. Do you feel that you have the same kind of conflict? MS. HANNIGAN: No, I do not. THE COURT: All right. THE DEFENDANT WANKE: Can I be heard, your Honor? THE COURT: Yes. THE DEFENDANT WANKE: Here's the difficulty that I have. I agree with exactly what you said. Mr. Doll was here, you directed him to assign it to -- THE COURT: Uh-huh. THE DEFENDANT WANKE: -- someone or you made the suggestion -- I don't know what the authority is -- to assign it to someone that would not have a conflict or had not been here. Because Mr. Doll and Ms. Sorensen areoNoOank wn 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 these people's direct supervisors, and they have conflicts, having them then assign the person and them choosing to assign Mr. Perri and him being forced to write a literally six-page document saying of all of his conflicts telegraphs to future concerns of them supervising and overseeing whoever they assign. THE COURT: Well, obviously, they're not supervising or overseeing it very carefully or closely because otherwise they would have, in fact, taken Mr. Perri off. THE DEFENDANT WANKE: That's my -- THE COURT: So that shows -- THE DEFENDANT WANKE: -- concern. THE COURT: No, that shows that they're not meddling in it. THE DEFENDANT WANKE: Well, -- THE COURT: So that's exactly what -- THE DEFENDANT WANKE: He took -- in speaking with me, he took his concerns to them, to his direct supervisor, so I mean they're -- THE COURT: But it seems like they're doing what they should do, which is not be involved in this in any way, shape or form.ONO AWN BS "1 12 13 14 15 16 17 18 19 20 2 22 23 24 THE BAILIFF: Judge, I talked with his secretary. She advised that he had went over to the jail, has not returned yet. THE COURT: All right. So, Mr. Perri, the court will allow you to withdraw from this case. MR. PERRI: Okay. THE COURT: We also have Ms. Hannigan. I happen to know Attorney Hannigan is an excellent attorney. She's fully capable of handling these kinds of cases. She's handled very serious cases in the past. She has no conflict. I'm happy to have her as first chair on this case, so Ms. Hannigan will remain on this case. I'm not allowing him to withdraw as a public defender or the public defender's office, but I am saying that yes, he cannot be assigned this case. MS. HANNIGAN: I'11 let Mr. Dol] know. THE COURT: All right. Ms. Hannigan is here. We do have a Superseding Bill of Indictment, a copy of which was previously handed to your office. Do you have a copy of that?ONOank On = ald 12 13 14 15 16 17 18 19 20 21 22 23 24 "1 MS. HANNIGAN: Judge, I do have copies. THE COURT: Okay. THE DEFENDANT WANKE: Can I just object for the record, -- THE COURT: Yes. THE DEFENDANT WANKE: -- of the public defenders being appointed because of these conflicts? THE COURT: Yes. MS. HITE ROSS: Mr. Perri did provide us with a curtesy copy, and I had a chance to read it, and I have no objection to the court allowing Mr. Perri to withdraw based upon his representations. THE COURT: Okay. Do you waive a formal reading of the charges, explanation of rights, and possible penalties? MS. HANNIGAN: If I could have one moment, please? THE COURT: Sure. There were no substantive differences as I recall. I can't really recall. What was the difference in it? MR. BRUN: The court is accurate. ThereSOANOAOAA WN | 12 are no substantive differences in this indictment compared to the first. THE COURT: Yes. THE DEFENDANT WANKE: And I want to at least dispute on the record. Last time when they presented this, I was having problems hearing what they were claiming was the reason for the Superseding Indictment. I've been told subsequently after that that they said it was to fix error's or to correct certain misspellings and that sort of thing. I think that's correct. THE COURT: What was the reason you stated on the record at the last court hearing? THE DEFENDANT WANKE: Ms. Hite Ross wasn't here. MS. HITE ROSS: I was not present. THE COURT: Okay. What is the reason you presented it again? MR. BRUN: Ms. Wells was present ata the last court date, and her representation was to -- based on a prior motion that was filed in approximately April, this Superseding Bill was presented to avoid any legal arguments that may orON Oar on = 4 12 13 14 15 16 17 18 19 20 21 22 23 24 may not have occurred. THE DEFENDANT WANKE: And that's what I wanted to dispute. Ms. Wells specifically said it was to fix errors, and since we put forth a motion to dismiss on misconduct, not errors, I at least want to object. THE COURT: I'm sorry. I'm gonna have to take this again. (Whereupon a short recess was had.) THE COURT: All right. Well, what I'm gonna do is I'll let you and your counsel go over the Superseding Bill of Indictment. You can look at it and see if you want to pursue your motion or not. That's up to you, and so I'll give you a chance to do that. But I need to get past the arraignment at this time. MS. HANNIGAN: Yes, Judge. THE COURT: So ... MS. HANNIGAN: I will acknowledge receipt of the Superseding Bill of Indictment. At this time I'll waive a further reading of the rights, charges, possible penalties, enter a plea of not guilty.OoNOoanh WON 41 12 13 14 15 16 17 18 19 20 21 22 23 24 14 THE COURT: All right. Sir, do you understand that you do have the right to be present at all times? If, however, for any reason you fail to appear, that means you've waived or given up your right to be present, and trial could proceed in your absence. If you were found guilty at that trial, and a judgment of conviction -- if you were found guilty at that trial, a judgment of conviction and a sentence could be imposed in your absence. Do you understand that? THE DEFENDANT WANKE: Yes, ma'am. THE COURT: All right. Now, I'm gonna give you time to talk about these issues with your counsel to see if you wish to pursue the previously filed motion or not, and so I'll give you some time to go over that. All right. So we can set it for another status to give you time to meet with her and talk about these issues. THE DEFENDANT WANKE: Could it be early next week? THE COURT: I can do it Monday next week. I don't know if that gives you enough time, but weON Oa WN @ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 can at least set it for status. MS. HITE ROSS: Judge, just so that we're clear, there are currently no motions pending regarding indictment. My understanding in being before Judge McGraw when previous counsel was allowed to withdraw before the matter was sent back to you, that those were withdrawn. THE DEFENDANT WANKE: I couldn't hear her. THE COURT: She said those motions were withdrawn. THE DEFENDANT WANKE: That's not true. THE COURT: Okay. Well, you -- I'm gonna let you clear up the record. If you want to file them, whether they were withdrawn or not, I'l] let you go ahead with them. So -- MS. HANNIGAN: Judge, the 22nd, Monday, won't probably be enough time. I'm assuming they're going to also assign another attorney on this case, as well, and I need to speak with Mr. Doll. If we can have perhaps later in the weekON OO AWD = "1 12 13 14 15 16 17 18 19 20 21 22 23 24 of the 22nd? THE COURT: Sure. I can either set it the 25th in the afternoon or the morning of the 26th. MS. HANNIGAN: The 25th in the afternoon is fine. THE COURT: All right. 1:30? MR. BRUN: I'11 be available, yes, your Honor . THE COURT: A11 right. MR. BRUN: Is that at 1:30? THE COURT: So Thursday, September 25, at 1:30. We'll set it at defense counsel's request for another status, and if you need more time, I'11 give it to you, and if you don't, then we'll see where we are. MS. HANNIGAN: Yes, Judge. THE COURT: Okay. All right. Thank you. MR. BRUN: Also, your Honor, for the record all discovery has previously been tendered to Mr. Doll at the last court date. THE COURT: All right. Thank you. MS. HITE ROSS: Thank you, your Honor. (Defendant remanded. )(‘e7ep sty} uo esneo siy} UL pueey p4ooes Jo sBhutpasooud ey} LLe e40m YOLYyM) a ve &% 2 be 0z 6L gL 2b OL SL bh eb Ze bb or - NO tT HM OR18 IN THE CIRCUIT COURT OF THE 1TH JUDICIAL CIRCUIT COUNTY OF WINNEBAGO CERTIFICATE I, Joyce M. Olson, CSR, RPR, Official Court Reporter, Seventeenth Judicial Circuit, State of Illinois, do hereby certify that I reported in stenograph the testimony given at the hearing of the said cause, and that the foregoing transcript is a true and correct transcription of my stenographic notes so taken as aforesaid, and contains all the testimony given at the hearing of the said cause to the best of my ability. I further certify that I am not connected by blood or marriage to any of the parties in this action, nor am I a relative or employee or attorney or counsel of any of the parties, nor am I a relative or employee of such attorney or counsel, or financially interested in said action, or interested directly or indirectly in the matter in controversy. IN WITNESS WHEREOF I have hereunto set my hand this 22nd day of Monday, A.D., 2014. OT Fil Court Réporter