e @ FILE date: A hy_6 ‘STATE OF ILLINOIS ) eh A Kiba. 28S Clark of Court COUNTY OF WINNEBAGO). by. % i IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICI CIRCUIT COURT, WINNEBAGO COUNTY, ILLINOIS % PEOPLE OF THE STATE OF ILLINOIS ) § Planuff ) Ss ) S vs. ) Case No 06 CF 405 g ) < RICHARD WANKE d Defendant ) AMENDED MOTION TO REINSTATE BOND ‘NOW COMES the Defendant, RICHARD WANKE, by and through his attomey Glenn J. Jazwiec and moves thts Court to reinstate his bond previously set in the above ‘entitled cause pursuant to 725 ILCS $/110-6 and/or 725 ILCS 5/110-6 2 and in support thereof states as follows 1 That prior to the Jury Thal in this matter the Defendant, RICHARD WANKE, had ‘been released from custody upon his payment of the $10,000 00 (10%) bond ‘amount 2 That on or about September 19, 2007, the Defendant, RICHARD WANKE, was found guilty after a Jury Tnal of the offense of Burglary 3 That after the verdict was entered upon the Jury's finding the State moved to revoke the Defendant, RICHARD WANKE, bond and the court held a hearing ‘Wherein, the court dented the State's motion to revoke the Defendant, RICHARD. WANKE, bond in this matter 4 That on February 6, 2008, the Honorable Judge John Trust, on an ex-parte basis, 1 People vs. Richard Wanke 2014CF922 Response Exhibit: E——— i e e revoked the Defendant, RICHARD WANKE, bond and ordered that the Defendant, RICHARD WANKE, be held without bond ‘That on February 15, 2008, the Honorable Judge John Trunt, ater hearing the State's proffer that the Defendant, RICHARD WANKE, was involved 1n the death of attomey, Gregory Clark, granted the State's Motion to Revoke the Defendant, RICHARD WANKE, bond and ordered the Defendant, RICHARD WANKE, to remain in custody without bond 6 That subsequently, Judge John Trust, recused himself due to his having received ex-parte communications from police officer’s relative to alleged cnminal conduct of the Defendant, RICHARD WANKE involving attorney, Gregory Clark. ‘and other testimony relative to allegations of the Defendant, RICHARD WANKE, ‘being involved in the death of attomey, Gregory Clark (See Transcript of Proceedings dated February 19, 2008, attached hereto as Exhibit A) BBBQ7 ERY £609 be NYO CRAWYASS 7 That a substantial change in circumstances has occurred since the tume the Defendant, RICHARD WANKE, bond was revoked in that st has been more than five months since the death of attorney, Gregory Clark and the Defendant, RICHARD WANKE, has not been charged with any offense relative to the death of attomey, Gregory Clark or any other crime that was allegedly committed by ‘hum subsequent to September 19, 2007 | 8 That the Defendant, RICHARD WANKE, 1s still currently being held in the ‘Winnebago County Jail based on the proffer made by the State on February 15, 2008, which caused his bond to be revoked as aforesaid and as of the date of this ‘motion the Defendant, RICHARD WANKE, has not been charged with any offense related to the same9 That the Defendant, RICHARD WANKE, 1s not likely to flee the unsdiction and does not pose a danger to the any person and/or the community and the Court's imstual determination on September 19, 2007, to deny the State's Motion to Revoke his bond 10 That the Defendant, RICHARD WANKE, 1s a citizen of the United States and of the State of Ilinois and 1s entitled to all of the guarantees of their respective constitutions and his continued incarceration violates his nghts as provided by both the Constitution of the United States and the Constitution of the ‘State of Illinois and his constitutional nights as per the Fourth and Fourteenth ‘Amendment WHEREFORE, the Defendant, RICHARD WANKE, prays this Court remstate his bond sn this cause Re ‘submitted, the Defendant LAW OFFICES OF GLENN J JAZWIEC Glenn J Jazwiec JO0E Chicago St, Ste 504 Elgin, 11 60120 (847) 622-1533 8ONGOE 2770698! HONG ANNNS? >@ e ‘STATE OF ILLINOIS ) COUNTY OF WINNEBAGO ) VERIFICATION BY CERTIFICATION Under penalties of perjury as provided by law pursuant to 735 ILCS 5/1-109, the undersigned certifies that the statement set forth in this instrument are true and correct except as to matters therein Stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he venly believes the same to be true RICHARD WANKE LAW OFFICES OF GLENN J JAZWIEC Glenn J Jazmec 100 East Chicago Street ‘Suite 504 Elgin, lllmoss 60120 (847-622-1533 8 OD TE/e Z/0DiFH A ANS §