Special prosecutor Patricia Brown Holmes on Thursday filed a motion to replace Cook County Judge Diane Gordon Cannon. Holmes was selected last year to investigate the Chicago Police officers on the scene with Jason Van Dyke the night he fatally shot 17-year-old Laquan McDonald.
Special prosecutor Patricia Brown Holmes on Thursday filed a motion to replace Cook County Judge Diane Gordon Cannon. Holmes was selected last year to investigate the Chicago Police officers on the scene with Jason Van Dyke the night he fatally shot 17-year-old Laquan McDonald.
Special prosecutor Patricia Brown Holmes on Thursday filed a motion to replace Cook County Judge Diane Gordon Cannon. Holmes was selected last year to investigate the Chicago Police officers on the scene with Jason Van Dyke the night he fatally shot 17-year-old Laquan McDonald.
STATEOFILLINOIS >) $8.
COUNTYOFCOOK =)
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS)
)
. > Case No. 17 CR 9700
) =
DAVID MARCH, ) Judge Diane Gordon Cingon —
JOSEPH WALSH, and ) =
‘THOMAS GAFFNEY, ) a0
) z ia
Defendants. ) zw
‘MOTION FOR SUBSTITUTION OF JUDGE i
‘The People ofthe State of Iinois, by and through their Attomey, Special
Prosecutor Patricia Brown Holmes, respectfully move for substitution of judge under
TISILCS 5/114-5()
1. Section 114-5(0) provides that, "Within 10 days after a cause has been
placed on the tral call ofa judge the State may move the court in writing for a
substitution ofthat judge on the ground that such judge is prejudiced agains! the State.”
725 ILCS5/114-5(0),
2 OnJuly 10,2017, this cause was placed on the trial call of judge who
within the context of the statute is prejudiced against the State. Id; Barievie » Wharton,
196 Il 2d 423, 495-36 (1990) ("The State has an absolute right to one substitution of
judge upon the timely filing of a written motion alleging that the ‘judge is prejudicedagainst the State”),
3. This motion is presented within the ter-day time period noted,
4, This motion is not submitted for the purpose of delay or for any other
improper purpoce.
WHEREFORE, the People of the State of Illino', by and through their Attorney,
Special Prosecutor Patricia Brown Holmes, respectfully move for substitution of judge
under 725 ILCS 5/114-5(0).
Dated: uly 13,2017 Respectfully submitted,
“
By:
Patricia Brown Holmes
Special Proseautor
Office of the Special Prosecutor
Three First Netional Plaza
‘70W. Madison Street, Suite 2900
Chicago, Ilincis 60602
(G12) 471-8791 (tet)
(G12) 471-8701 (fax)
spedalprosecutor@rshe-law.comINTHE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
JOSEPH WALSH, and
‘THOMAS GAFFNEY,
)
)
)
)
DAVID MARCH, ) Case No. 17 CR 9700
)
)
)
Defendants. )
ORDER
‘The People of the State of Hlinois's Motion fer Substitution of Judge is hereby
GRANTED.
ENTERED:
Judge, Criminal Division
Circuit Court of Cook County
DATED: