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STATE OF ILLINOIS SS: COUNTY OF COOK IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT-CRIMINAL DIVISION PEOPLE OF THE STATE OF ILLINOIS -vsANNABEL JVIEI..ONGO

No. IOCR 8092 01

REPORT OF PROCEEDINGS had at the hearing of the above-entitled cause before Mary M. Brosnahan, one of the judges of said division, on the 14th day of January, A.D., 2011. PRESENT:

14 15 16 on behalf of the People; 17 MR. NICOLAS ALBUKERK, 18 on behalf of the Defendant. 19 20 21 22 23 24 MS. ANITA ALVAREZ, Cook County State's Attorney by MR. ROBERT PODLASEK, Assistant State's Attorney, MS. JULIE GUNNIGLE, Assistant State's Attorney,

INDEX PROCEEDINGS PAGE

2
3

Notes from jury

4

Prim instruction given

5

Note from jury

6

Jury hung
7

8 9

10
11

12 13 14 15 16

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18 19
20

21 22

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(Whereupon the following proceedings were had in court outside the presence of the jury.) THE COURT: If I could have my deputies stand and face me.

Do you solemnly swear that you're going to keep this

Jury in the jury room in a safe and convenient place provided by the Sheriff of Cook County, keep them there together and don't let anyone talk to them or talk to them about the case yourself and when they've agreed upon their verdict, you're going to bring them back to open court? THE DEPUTY SHERIFFS: I will. (Case passed) THE COURT: Annabel Melongo. (Pause in proceedings) THE COURT: All right. Good morning, ma' am. We've got Miss

Melongo present in court on the jury. For the record the jurors did start deliberating at approximately 10: 15 this morning. The computer was delivered back

to them along with the evidence and they started their deliberations on the jury. At about 10:30 a.m. I received a question. attorneys have been notified and here is the question: The "Does the

Defendant's name have to be on or below line 16 of the transcript that they are present or not? Should Defendant's name be there?" So proposed answers to

Signed by the foreperson, Richard Miller.

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the question. MR. PODLASEK: MR. ALBUKERK: It does not. Judge, I believe - - I believe it's not a I believe they should be given

question that should be answered. the Prim instruction. consider.

You've been given all the evidence to

It's already been answered. I '11 interrupt you for a moment because I'm not Nobody said anything about being deadlocked or They're continuing on with their

THE COURT: giving Prim.

unable to reach a verdict. deliberations.

They're into their fourth hour now so Prim is not

a possibility just yet. MR. ALBUKERK: In any event, Judge, I don't think it's We've already

appropriate for us to corrment one way or another.

given the evidence to them and they're basically asking for new, additional evidence. THE COURT: We're not supposed to be doing that.

You're saying it's new evidence so your position Be quiet. I'm talking to your

is this information -- hold on. lawyer so don't interrupt him.

My question to you is is it your position that this

evidence never came out during the trial? MR. ALBUKERK: Personally I don't remember it ever comlng out

one way or another but I don't -- I don't remember it coming out. I don't remember it coming out. THE COURT: Okay. Let me just ask --

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MR. PODLASEK:

It came out through laurel laudien and I

believe Pam Taylor because my questions, which in part were written out, include those questions. THE COURT: Let me ask you this: Does any:body have a

transcript of any of the testimony from yesterday? MR. PODLASEK: THE COURT: I do not. I left here so late I couldn't --

Sure.

The Court Reporter was here until 10: 30.

If you want to take a minute and see if those transcripts are available, I' 11 let you make that phone call and then we can corne back and go from there depending on what they're answering. MR. PODLASEK: THE COURT: All right.

Okay? Judge, for the record we would object to any of

MR. ALBUKERK:

the transcript being brought back to the jurors. THE COURT: All right. That's a little premature since we

don't have one yet.

We'll see if that's even a possibility. (Case passed)

THE COURT:

Bring out Miss Melongo please. No.

Is she dressed?

MR. ALBUKERK: THE COURT:

Do you want me to get her clothes?

You can bring her out in her DOC but she should be

dressed because ul timately something is going to happen. MR. ALBUKERK: Yeah, yeah. (Pause in proceedings) THE COURT: Okay. We've got Miss Melongo present In court.

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The jurors had directed an earlier question to us. "Does the Defendant's name have to be on or below line 16 of the transcript that they are present or not? be there?" Should Defendant's name

And the State at that time did not have a transcript

prepared and now you're tendering to me a four page transcript which is not a transcript in total of Miss laudien' s testimony but rather it's a transcript that appears to answer that question. Defense, you've had a chance to review the -- it's actually a page and-a-half of actual questions and answers.
!VIR. ALBUKERK:

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Correct .

THE COURT:

What's your position? Judge, for the record I have to obj ect . I believe that The

!VIR. ALBUKERK:

evidence has already gone back to the jury.

tendering any new evidence at this time would put too much enphasis on one piece of evidence over another. Also tendering

this transcript, although it does appear to answer the question, I have to concede that, Judge, you know, you know, again because it's so narrow in its scope it would tend to place undue pressure to that particular point or enphasize that particular point and, therefore, for the record I have to object. THE COURT: Okay. I understand your position and it's my duty

as the Court where I can if I can answer a juror's question wi thout introducing new evidence to them or in any way trying to influence their decision, it's my obligation to do that. It was a

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very narrowly drawn question that they had that had to do with People's Exhibit Number 4, the transcript at issue that was in front of Judge Schreier on I believe it's 6-18-08.
!VIR. AlBUKERK:

Yes. So this snippet of the direct

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THE COURT :

6-18 - 08 .

examination answers exactly the question that they asked and, ln fact, if the Court Reporter were to come to court without a transcript prepared and were to be able to find in her notes or her computer the question and answer, I would consider bringing the jury out and having the question and answer read to them. Again this is not any new evidence. formulating an answer. We're not

It's just giving to them a portion of the

transcript that answers directly the question. And I take it based on the fact it says daily copy on top and that we were in the court until 10: 30 at night that you at this juncture do not have the entire transcript of the testimony.
!VIR . PODLASEK:

I do not. Over the Defense obj ection then I'm I believe i t accurately answers the

THE COURT :

All right .

going to send this back.

narrowly drawn question they have so I'm going to send it back to them. Deputy, if you could take this back to them please. And, Miss Melongo, I'm going -- I think she should be changed so that when you do bring her out at some point, the jury - - you'll be in front of the jury today so you can change

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into your jury clothes. IVIR. AI..BUKERK: Judge, my client is asking that the entire

Laudien transcript be brought out - - be tendered to the jurors.

TI-IE

COURT:

Okay.

Well, at this point there is no entire I

transcript in front -- in front of me to make that ruling. don't have the entire transcript.

So if the State is getting that

prepared and they have an additional question, of course, I would consider your request at that time but we don't have it. IVIR. AI..BUKERK: Could we - - could we order - - could we order I mean because -- and I say

that transcript then at this time?

this only because when the Defense tries - - tries to add - - tries to get excerpts or tries to get, you know, limited transcripts, we are told that we're not allowed to get that, however, the State is allowed to get limited transcripts and that's the reason I would ask that it be procured in that way.
TI-IE

COURT:

You're asking for Miss Laudien's direct and cross? Right. Correct.

IVIR. AI..BUKERK:
TI-IE

COURT:

Is that getting worked on, if you know? I don't know.

IVIR. PODLASEK:
TI-IE

COURT:

Is there anything in particular with the cross

examination, a question and answer that you

IVIR.

AI..BUKERK:

Yeah.

Well, there is -- there

lS --

well,

first we think that they should look at her testimony in total and there are things in there that -- we have questions about.

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THE COURT:

Well, at this point I don't have that transcript It's quite

in front of me so I can't rule on sending it back. simply not here. lVlR. AlBUKERK: THE COURT: Right.

As I said, it was a narrow question they had and I

would have had the Court Reporter read those questions and answers that were responsive to that for the jury if they were unable to prepare this short transcript that actually has the question and answer on it. So basically I can't rule on it because it's not In If they have another question that

existence at this point.

relates to Miss Laudien, I will tell the State to inquire to see if it's possible to get the entire transcript prepared but right now we don't have that.
As you know, we were here until 10: 30

last night and the -- the jury came back at 10: 00 this morning so the Court Reporter I understand was in a different courtroom or working. lVlR. PODLASEK: back-THE COURT: Then they pulled her from the courtroom to go She was in a different courtroom. She came

through her notes to find the answer to this question if it was In there. lVlR. AlBUKERK: And so at this time our request to have the

entire transcript prepared is being denied? THE COURT: Well, it's not for me to -- I can't order it to be

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prepared. MR. AlBUKERK:

Our problem is that the Defense -- it has been

my experience in ordering transcripts that the Court Reporter's office will not order just portions of transcripts for the Defense. They will only -- they will only agree to do entire days That's the reason why I'm bringing my

worth of transcripts.

request to the Court because in the past when I've asked could you just, you know, give me the direct or the cross or one witness, I've been told no, that's not possible but when the State asks for it, they get it and when the Court asks for it, they get it and I understand it's just a custom thing but all the same I don't have it wi thin my power to order - - to order just the whole transcript. THE COURT: Well, I will ask the State to call the Court

Reporter and ask her what's the possibility of preparing the entire direct and cross examination and approximately how long would that take. MR. PODLASEK: THE COURT: Okay.

If it does get here, then you can review it and They

then we'll see if there's anything that would be relevant. haven't asked for her whole testimony.

They just had a specific

question and answer they were looking for, not - - they didn't ask to review her testimony which at times jurors do as we all know . MR. AlBUKERK: THE COURT: Sure.

Sometimes they want to review everything from

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start to finish. lVIR. AlBUKERK:

THE COURT:

They haven't requested that. Right.

If you can inquire about that possibility, I'll

take it from there. lVIR. PODLASEK: We will and before I do may I ask am I ordering

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this on behalf of the Defense because they are going to send us an invoice. We had an invoice on this . You can order it from the Court. Yeah.

THE COURT:

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lVIR. AlBUKERK:
THE COURT:

Order it from the Court.

Thank you.

lVIR. AlBUKERK: lVIR. PODLASEK: lVIR. AlBUKERK:

THE COURT: THE

I will. I appreciate that. And you brought it back, correct, Deputy? Yes, yes.
My partner brought it back.

Okay.

DEPUI'Y SHERIFF: Okay.

THE COURT:

(Recess taken)
THE COURT:

All right.

We're back on the record.

We've got

the parties again present in court. At 11:15 they -- I did receive -- I apologize. rather I received another note from the jury. " CUrrently at stalemate. Miller on today' s date. parties? What is next step." It reads: Signed Richard 12:15

What's the proposed response of the

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MR. ALBUKERK:

Judge, our proposed response to, you know, Jury is hung.

declare the jury hung and mistrial and that's it. THE COURT: What's your response, State?

MR. PODLASEK: THE COURT: point.

We want them to keep deliberating.

Well, I am not going to hang the jury at this

They deliberated last night for -- they didn't start until

6:40 p.m. -- probably about three and-a-half hours last night. They didn't get started today until 10: 15 so it's been another couple of hours today. So there's voluminous amount of testimony Granted it wasn't a very

and exhibits that they have to digest.

long trial but it was filled with an incredible amount of documentation so I do not believe that we are even close to being at the hung stage just yet. Does either - - with that ruling having been made is ei ther party requesting that I Prim them or do you want me to state at this point you have -- you have all the evidence, please continue to deliberate? MR. PODLASEK: I think we want they have all the evidence,

continue to deliberate. MR. ALBUKERK: THE COURT: Yes.

You're in agreement with that? Yes. That'll be my response then.

MR. ALBUKERK: THE COURT:

Okay.

MR. ALBUKERK:

I'm going to see that the Defendant gets

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dressed .
TI.IE COURT:

Okay.

All right.

We'll see everybody back when

we hear anything more from them. (Recess taken)

TI.IE COURT:

Bring out Melongo. Coming out. (Pause in proceedings)

TI.IE DEPUTY SHERIFF:

TI.IE COURT:

All right.

We've got Miss Melongo present in

court.

All the parties are here. The note from the jury at 1:35 reads, "Still at

stalemate and both sides have stated there's absolutely no way he or she will change their minds. been for hours." MR. PODLASEK: MR. ALBUKERK: The vote is eight to four and has

What's the position of the parties? Ask for a Prim instruction at this time, Judge. Judge, we would ask that the jury be dismissed.

The jury is hung and they're not going - - they spent a lot of time doing this. I don't know if we have an official tally of the

numbers of hours at this point or a semi official.

TI.IE COURT:

I can get you that in a minute. (Pause in proceedings)

TI.IE COURT:

Six '- - approximately six and-a-half hours. Okay. It's really not that rruch time. They've

MR. ALBUKERK: MR. PODLASEK:

TI.IE COURT:

Well, I'm not going to hang the jury.

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been deliberating for a while. deliberate longer.

They're definitely going to

And over the Defense objection I'm going to instruct them on -- the Prim law is very clear that you're not to give the Prim instruction prematurely but certainly at this point this is a textbook note that would require a Prim instruction. do that. Take a seat at counsel table and bring out the Jury. MR. AlBUKERK: TIlE COURT: She's got to get her shoes. I'm going to

Hold off for one minute. Okay. (Pause in proceedings)

TIlE DEPUTY SHERIFF:

TIlE COURT:

Okay.

Bring out the jury. All rise for the jury.

TIlE DEPUTY SHERIFF:

(Whereupon the following proceedings were had in court in the presence of the jury.) TIlE COURT: All right, ladies and gentlemen of the jury, I

obviously have your note and I have an additional instruction for you. you: juror. It is as follows, and you will get this in the back with "The verdict must represent the considered judgment of each In order to return a verdict, it is necessary that each Your verdict must be unanimous. It is your

juror agree thereto.

duty as jurors to consult with one another and to deliberate with a view to reaching an agreement and if you can do so without

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violence to individual judgment.

Each of you must decide the case

for yourself but do so only after an impartial consideration of the evidence with your fellow jurors. In the course of your

deliberations, do not hesitate to reexamine your own views and change your opinion if convinced it is erroneous but do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors or for the mere purpose of returning a verdict. partisans. You are not Your sole

You are judges, judges of the facts.

interest is to ascertain the truth from the evidence in the case." And with that instruction having been given please continue on with your deliberations. Rise for the Jury.

(Whereupon the following proceedings were had in court outside the presence of the jury.) THE COURT: All right. The record should reflect 1: 50 p. m.

the Prim instruction was given. Okay. We'll be off the record. (Recess taken) THE COURT: Can you bring out Melongo. Off the record .

(Discussion had off the record) THE COURT: We've got Miss Melongo back present in court. I

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did get another note at 3: 25 p.m. and it says, "We have once again executed your directions and are still at a stalemate. arguing has started and tempers are starting to flare. Serious Need

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advice. " parties?

Signed by the foreperson.

What's the position of the

MR. AlBUKERK: at this point.

Judge, our position is that this is a hung jury There's no Four to eight is

The last time was four to eight.

indication that it's changed from four to eight.

a serious discrepancy and it's not likely that, you know, at this point that there's going to be any movement. If -- if -- if, in

fact, that's true and they're arguing in that small roan, I think we're doing them - - the jurors a great disservice by not ending this.
'THE COURT:

State. We'd ask that you try and find out what the

MR. PODLASEK:

count is at this point.

'THE COURT:

Well, I do know prior to reading them the Prim We know that based upon their

instruction it was eight to four. note. MR. PODLASEK:

'THE COURT:

Right.

My thought would be I want to know if there's been

any movement at all which will help gauge whether or not we really are in a position of a hung jury, which we may be. They have been

deliberating for sometime but it is only 3:35 p.m. at this point. So my thought would be this: To send back the note which says

without telling me which direction you're leaning, what is the count at now?

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lVIR. AlBUKERK:
TIlE COURT:

Okay.

Do the parties have an obj ection to that?

lVIR. PODLASEK:
MS. GUNNIGLE:

No . No. I don't have any objection to it either.

lVIR. AlBUKERK:
TIlE COURT:

Okay. (Pause in proceedings)

TIlE COURT:

We're back on the record now.

I immediately got a response to my note and it says seven to five. lVIR. AlBUKERK:
TIlE COURT:

Seven to five. So

Seven to five.

lVIR. AlBUKERK:

Well, Judge, all the same I would think that

we're pretty deadlocked so I think -- I still say this is a hung Jury.

TIlE COURT:

State. I agree. I was thinking

lVIR. PODLASEK:
TIlE COURT:

I'm in agreement at this point.

perhaps it would have moved in the other direction and there would
be some light at the end of the tunnel but this just seems to be

going in the other direction so I will hang the jury. MR. AlBUKERK:
TIlE COURT:

Okay. You can tell the jury, Deputy, to

So it's 4:40.

stop deliberating and if you can gather up the exhibits, the

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instructions and the computer and bring them back out. IVIR. Al.BUKERK:

Okay?

2
3

Judge, my client would like to be made of It

record that she says that the stipulation was not her idea. was my idea and
THE

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5

COURT:

What stipulation are you talking about? The stipulation that went into evidence. It was - - it was something that was

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7

IVIR. Al.BUKERK:

DEFENDANT MElDNGO:

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9

imposed on me five minute before the trial.

THE

COURT:

You know what?

Knock it off.

Knock it off.

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Imposed on you.

I've had it with you.

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The stipulation was done by your lawyer and the State. They were working on it for weeks since this j my was set. passed the case. I gave you a chance to review it. I

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You're not

the lawyer of the case.

Mr . Albukerk was the attorney on the

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case, but you had a chance to review it.

DEFENDANT MElDNGO:
THE

It was - He

COURT:

There was no obj ection made and you know what? It was -I

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hasn't imposed anything on you.

DEFENDANT MElDNGO:

It was five minute before the trial.

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never had the time.

THE

COURT:

You're not a lawyer. And I wanted to change stuff and then he It was imposed on

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DEFENDANT MElDNGO:

say we won't go to trial if it's not change. me.

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THE COURT:

You know what, Miss Melongo .

I've seen your

behavior and you make stuff up as you go and after things happen and go do'lNIl, you rewrite history. DEFENDANT MElDNGO: THE COURT: Okay. That's not the

Canpletely rewrite history.

history of this stipulation.

The stipulation had been worked on Your attorney and the

from the past court date to the trial.

State talked about it on the record in front of you previously. They said they were hammering out the specific details of it. Your attorney said he got the final copy that morning. of what you said is true. That part

And I said go ahead and talk about it

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with her and he had certainly discussed the stipulation with you and what was going to be in it but it's true you hadn't seen the formal copy of that until that morning but I passed it and let him look through it with you and it was put on the record that everything was fine and you were okay with. holding you do'lNIl. I didn't see him

I didn't see him covering your mouth with

anything and we proceeded to trial so I don't want to hear anything from you right now. He is. You are not the lawyer on the case.

And what you're saying is not supported at all by the You walked into the courtroan. You

record or anything I saw.

looked at that stipulation with him.

We passed the case for I I believe we You sat

think it was 15 minutes to a half hour, if not more.

were in the posture of waiting for the jury to come in.

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down and your attorney said there's no problem with the stipulation and you didn't say a word and we proceeded on with the trial. So do not rewrite history in my courtroom and try and talk

about something that I was present for 100 percent of the time. We're done. lVIR. AlBUKERK: Judge, in any event, considering it's hung it's

actually an irrelevant matter at this point. THE COURT: Well, besides the fact that it's irrelevant but my Most

point is Mr. Albukerk has catered to your every whim.

attorneys would have turned to you when you just said you wanted to put something on the record about an issue that has no merit anymore because it's a hung jury, they would have told you to be quiet and it's a ridiculous thing to put on the record but not him. He went ahead and put it on the record and you're still Apparently you should have gone to law school

arguing about it.

to be a lawyer because you really like arguing in court whether it mat ters or not. DEFENDANT MELONGO: THE COURT: I -- I like it. So we'll be here agaln so

I can tell you like it.

the good news is you'll have a chance to do it again. DEFENDANT MELONGO: THE DEPUTY SHERIFF: Okay. Excuse me, Judge. You said that the

jurors were hung at 4:40 instead of 3:40. THE COURT: Oh.

Thank you for the correction.

If I said 4 :40

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on the record, then let me correct it.

THE DEPUI'Y SHERIFF:

3 : 40 .

Thank you.

So I'm good to stop them now and gather

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the evidence?
THE COURT:

Yes. Just wanted to make sure. Okay.

Do

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THE DEPUI'Y SHERIFF: THE COURT:

Yes.

Thanks .

MR. ALBUKERK:

I've never done this.

you give them an

instruction or do you just tell them thanks, good bye?

THE COURT.

Yeah.

I'm not bringing them out.

MR. ALBUKERK: MR. PODLASEK:

THE COURT:

Okay.

can we talk to them?

I'm going to talk to them first and then,

Yeah.

you know, their jury service is over. MR. ALBUKERK:

THE COURT:

Sure.

If either side wants to talk to them, you're free

to do that. MR. ALBUKERK:

THE COURT:

Okay. If they

I'll give them the option, of course.

want to just get on their way, they have the option to do that

too.
MR. ALBUKERK:
TI-IE COURT:

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Right.

Okay. Thank you.

MR. ALBUKERK:
THE COURT:

Mr. Albukerk, if you could just draw that up

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different.

So I'm holding you to trial - - I did hold you to trial

on Miss Melongo's matter so I'm not disputing any of that. MR. ALBUKERK: THE COURT: No . I know. I will actually try

My number will be available.

to reach out to Judge Love to see if I can catch her. MR. ALBUKERK: all your situation. THE COURT: Right. Unfortunately Matt misunderstood, Mr. Prengarnan I mean this is not -- the situation is not at

MR. ALBUKERK:

misunderstood and gav e some poor instructions and now I got to try and-THE COURT: Okay. Well, if you craft an order that the matter

is set for 9:45 a.m. to begin the jury trial, you know, on that date . So was it yesterday? Yes.

MR. ALBUKERK: THE COURT:

It was yesterday, of course. Yes.

MR. ALBUKERK: THE COURT:

And that the parties need to be present at 9: 45

a.m. in room 303 at 26th and California so that will get you out from whatever rock you were under for that. MR. ALBUKERK: THE COURT: at 3:40 p.m. again? I hope so. So the mistrial is

What date do the parties want?

So what position are we in now, ready to set it down

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JVIR. AlBUKERK:

I'm going to need to talk to my client

momentarily. THE COURT: Sure. But other than that, yeah, I'm ready to try

JVIR. AlBUKERK:

this thing. THE COURT: Okay. The problem, Judge, I do have is that I'm I got I

JVIR. AlBUKERK:

starting a couple -- I got a couple of trials coming up.

my - - and also I have a big jury trial starting February 7th.

hope to go beyond that at this point.

JVIR. PODLASEK:

Judge, the problem obviously is that Miss

Gurmigle will be on leave. THE COURT: You may have to get someone else to try the case.

I'm not giving you a three month date with all due respect.
JVIR. PODLASEK:

I'm not asking for a three month date but I do

have two juries up between now and February. THE COURT: What's the earliest date that you're talking? And, Judge, assuming for -- and just to be safe

JVIR. AlBUKERK:

I assume we're talking about a three day window. THE COURT: Well, I would say we would put it in a three day

window this time just to be on the safe side and if we end sooner, we end sooner.
JVIR. PODLASEK:

It's going to depend on whether there's a

stipulation as to the ownership of that website or not because if

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not, we'll have people cOmlng In from out of state. THE COURT: Well , obviously it's a new case so the Defense
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not bound by any stipulations or -MR. PODLASEK: THE COURT: I understand that. I'm just saying it for the Obviously the

Well, I know you do.

record so that Miss Melongo understands it also.

Defense is not bound in the new trial by stipulations so -MR. PODLASEK: So until we find out, you know, I can't tell

you how long it's going to take. THE COURT: We'll say four days at the most. At least at this point. They're going to need

MR. ALBUKERK:

at least an extra day. THE COURT: You're going to need It's a big trial. How about the 22nd?

MR. ALBUKERK: THE COURT:

22nd? No.

MR. ALBUKERK: THE COURT:

28th. I have a jury on the 14th and the 28th of

MR. PODLASEK:
February .

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THE COURT: don't all go.

How about 22?

Because we all know these juries

MR. PODLASEK:

These two are.

One is before Judge Goebel and Those

one is before Walsh. are fairly old cases.

They're both involving towing cases.

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THE COURT :

Give me a date.

I'm looking for the sooner date.

JVIR. PODIASEK: JVIR. ALBUKERK: JVIR. PODIASEK: JVIR. ALBUKERK :

How al:::x::)Ut February 1st or the week of the 31st? January 31st.

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Yeah.
I think I'm totally booked.

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THE COURT:

That's fine. I have a demand trial set at the Daley Center

JVIR. ALBUKERK:

on the 31st. THE COURT: How about February I? February 1 is fine. (Pause in proceedings)
JVIR. ALBUKERK:

JVIR. PODIASEK:

No.

I've got - - I've got a demand.

I've got a

demand case on the -- on the 3rd and I got a demand case and then - - and then my calendar is full for those other two days. I'm sorry. I can't make it before my jury on the 7th. So

I believe

this is all way -- you said your jury is February what?

JVIR. PODIASEK: JVIR. ALBUKERK: JVIR. PODIASEK:

14 th . February 14th. The first one is on the 14th .

THE COURT:

How about the 22nd? How about the 7th, the week of the 7th? I'm doing a jury trial starting the 7th.

JVIR. PODIASEK: JVIR. ALBUKERK:

THE COURT:

Where is your trial on the 7th? The Daley Center. It's a med mal. It should

JVIR. ALBUKERK:

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take about a week and-a-half. THE COURT: cases will go? Well, let me just ask how certain is it that those I'm unfamiliar with civil court. 99 percent. It was set literally -- this case

rvIR. AlBUKERK:
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a ten year old case. THE COURT: How about this: You should know probably by the How does it work

7 4 t h if it's really going to go or not, right? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 there?

rvIR. AlBUKERK:

It works -- once it's set literally I had to

voluntarily dismiss this case once because that's - - that was my only option. Once they set them they will not let that date go. They're

It's pretty serious, especially for big cases like this. really serious about them going.

It's not like -- it's not like It's a really

here where they're always kind of jumping around. old case. THE COURT:

How about February 16th as back up because I don't If for some reason your case

want to give it a two month date.

falls through on the 14th, you would probably know the lOth whether it's going or not so we can give it the 16th knowing it would be the back up to your 14 th jury.
rvIR. PODLASEK:

All right.

THE COURT:

Does that work? That's fine. Okay, Judge. Judge, for the record my client

rvIR. PODLASEK: rvIR. AlBUKERK:

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wants at least a two month continuance. continuance. THE COURT: For what reason?

She wants a long

IVIR. ALBUKERK:

Because she needs to - - she needs to fully

assess the case and she needs to get the funds together and she needs to talk to her family so she is the one asking for a long date. I only put that on the record because obviously it would

accarrnodate my schedule and Mr. Podlasek' s schedule as well but I didn't want the record to in any way indicate that we were hurting
my client's rights.

THE COURT:

I don't understand what you mean. In other words, you know, she has a right to go

IVIR. ALBUKERK:

to trial quickly and I didn't want - - I didn't want any record to be made to say that we were in any way stalling her -- you know, stalling her wishes, you know, the concept of a speedy trial here. So, Judge, with all due respect I'm going to ask for the beginning of March is where I'm good.
IVIR. PODLASEK: IVIR. ALBUKERK:

It looks like February 28th, 29th.

28th I'm on trial. February 28th you're on trial? How long do you

think that trial is going to go?

IVIR. PODLASEK: IVIR.

That one?
Yeah.

ALBUKERK:

IVIR. PODLASEK: IVIR. ALBUKERK:

At least a week. At least a week. Can we go to the following

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week?

Is that going to cramp you too much? Give me a minute here. March 8th. Sorry .

That would --

fv1R. PODLASEK : fv1R . AlBUKERK: fv1R. PODLASEK:

Judge, if we're going into March, my partner She'll push back her

tells me she can be back around March 21st. materni ty . TIlE COURT : date .

I don't want to give it a two and-a-half month

I don't want to do that . I was thinking about next week .

fv1R . PODLASEK:

TIlE COURT:

So let's - - how about next week? Next week. Judge, A, my client doesn't have She's

fv1R. AlBUKERK:

the money, B, my client really wants more time. absolutely - - she's begging for more time. TIlE COURT:

Well, I can't imagine one shred of discovery that I'm not understanding.

hasn't already been gotten.

fv1R. AlBUKERK:

That's true but my client wants all the

transcripts, number one, and that's going to be quite expensive. Number two, my client is going - - has already indicated to me she wants to try the case ln a completely different manner. I mean I She

wanted to - - obviously it was my judgment that we stipulate. wants me to try the case in a completely different manner. TIlE COURT: I'm going to do February 16th.

I'm going to set If, Mr.

it as a back up date and you can tell me where you're at.

Podlasek, the trial goes, we know about that so if it goes on the

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5

14th, it'll have to get a different date, but between now and then the parties can talk about the issues such as stipulations, et cetera, so you can let me know where you're at. lVIR . AlBUKERK :
THE COURT:

Okay.

So we'll hold it over by agreement 2-16-11.

As to the other matter, the non-elected

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7

That ' ll be with for jury .

case, you're going by agreement February 16th to the same date on the cOITputer tarrpering? lVIR. AlBUKERK: still, right? lVIR . PODLASEK : lVIR. AlBUKERK: THE COURT: Yeah. Right . I Well, yeah. Obviously this is the elected case

8 9
10

11 12 13 14 15 16 17 18 19
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You are still keeping this the elected case?

guess I should ask that. lVIR. PODLASEK:

THE COURT:

Yes, your Honor.

That'll be for the status of the elected case.

We'll see everybody on 2 -16 and then obviously you'll be in touch with one another. lVIR. AlBUKERK :
Thank you.

(Which were all the proceedings had)

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STATE OF ILLINOIS ) ) COUNTY OF COOK )

SS:

I, ELIZABETH A. REYES, Official Shorthand Reporter of the Circuit Court of Cook County, County Department-Criminal Division, do hereby certify that I reported in shorthand the evidence had in the above-entitled cause and that the foregoing a true and correct transcript of all the evidence heard.
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C:)
/ .~

Oic~ ~d

Reporter License No. 084-001910 Circuit Court of Cook County County Department Criminal Division

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Dated this

CA W

day of October, 2011.

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