Transcripts 1 of 3 - Medill Justice Project · 1 things that could account for what the State is suggesting 2 existed here. As far as my client's backround, Judge, she's 3 32 years

Yot.r 1

2

3

STATE OF ILLINOIS

COUNTY OF W I L L

) ) }

SS:

4 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

5

6

7

8

9

10

11

WILL COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff, vs.

JENNIFER L. DELPRETE

Defendant.

) } } ) ) ) } ) )

. .. ·-:_..,

·..::

2003 CF 199 --~~~ ·- <.!1

~. v

12 REPORT OF PROCEEDINGS had in the

13 above-entitled cause before the HONORABLE THOMAS A. DUNN,

14 on the 11th day of February, 2003 .

15

16

17

18

19

20

21

22

23

24

APPEARANCES:

HON . JEFFREY J . TOMCZAK WILL COUNTY STATE'S ATTORNEY BY: MR. DAN D. RIPPY

Appeared on behalf of the Plaintiffi

MR. CHARLES L. BRETZ, Attorney at Law,

Appeared on behalf of the Defendant.

JODI L. HICKS COURT SPECIALIST

Will County Courthouse Joliet, Illinois 60432

{815) 740-8058

1

. _,f

COPY 000001

1 THE COURT: Jennifer Delprete.

2 MR. BRETZ: Delprete. Judge, for the record,

3 Chuck Bretz appearing on behalf of Ms . Delprete. She a lso

4 has a parent and some other family present. I'd ask leave

5 to fil e my appearance for the Court.

THE COURT: All right. Thank you. 6

7 MR. BRETZ: I'll tender a copy to the State. Judge, I

8 acknowledge receipt from the State of two-count criminal

9 complaint.

10 UNIDENTIFIED SPEAKER: You're going to have to sit

11 down at the table so the defendant can hear.

12 THE COURT: Well, why would the defendant -- need to

13 hear whQ? She's only going to be hearing the attorney.

14 UNIDENTIFIED SPEAKER: The lawyer and the victim and

15 the bond and the next date.

16 THE COURT: Well, they don't have to hear that,

17 though, they can --- you need to speak there at the

18 microphone.

19

20

21

MR. BRETZ:

THE COURT:

MR. RIPPY:

Sure.

And what is the factual basis?

Your Honor, December 27th , Romeovi lle

22 Police began an i nvestigation involving the possibility of

23 a shaken- baby incident. The four - month old victim in this

24 case (inaudible ) was in t he care o f - - the s ole care o f

2

000002

1 Ms. Delprete on that date from approximately 9:00 until 1:30

2 in the afternoon. At 1:30, the ambulance was called. The

3 baby was taken to the hospital and diagnosed with

4 approximately five subdural hematomas to both the front and

5 the back of her head, as well as multiple hematomas in her

6 eyes. The diagnosis was shaken-baby. Ms. Delprete was

7 interviewed by the Romeoville Police Department, which, at

8 that time, she admitted to shaking the baby to wake her up,

9 and then, later on, said, well, maybe, I shook her a little

10 harder than that. The Dr. Emily Flarety (phonetic) of

11 Chicago Memorial Hospital is an expert -- excuse me

12 Children's Memorial Hospital in Chicago is an expert in

13 child abuse. She puts the abuse at being between

14 approximately 11:00 and 1:30, and when, again, she was in

15 t he sole care of Ms. Delprete. There were other children

16 present. Infants to a five year-old would be there . Six

17 other kids. The doctor stated the nature and extent of

18 those injuries are impossible that it was caused by one of

19 those children . And the factual circumstances, when the

20 child was eating earlier that morning, that makes it an

21 impossibility that this damage occurred anytime outside of

22 this (inaudible).

2 3

2 4

THE COURT:

MR. RIPPY :

All right. Pr iors?

You r Honor , Ms . Delp r e te does not have any

3

000003

1 priors. However, based on the nature of this type of case,

2 it's unknown at this time whether or not the child will

3 survive. She is still in the hospital. Obviously, if

4 something were to happen here further, we would be looking

5 to upgrade to a possible murder charges. We, the People, at

6 that point, would be asking for a $500,000, 10 percent. She

7 is four months old, as I stated. She, at the very least,

8 will have -- will suffer brain damage for the rest of her

9 life, and pretty severe brain loss.

10 THE COURT: Mr. Bretz.

11 MR. BRETZ: Judge, if it please the Court and counsel

12 for the State, it appears that the State is asking to set

13 bond as ~if something that might happen has already happened,

14 certainly, hoping that it doesn't happen. But the bond he

15 requested is totally inappropriate. From what I've gathered

16 in this matter, Judge, there was absolutely no external

17 injuries to this person. There was no allegations of any

18 striking or hitting or anything like that involved. I,

19 myself, have begun some preliminary work in this, as far as

20 talking to medical experts. Whenever you hear somebody in

21 the medical context say that something is impossible,

22 knowing that medicine is not an exact science, Judge, it's

23 always good reason to be suspected. Both -- what I

24 described to the medical experts is that there are other

4

000004

1 things that could account for what the State is suggesting

2 existed here. As far as my client's backround, Judge, she's

3 32 years old. She's a single mother. She has two children,

4 a five - year - old boy, a thirteen- year- old girl. She lived in

5 Hickory Hills for the last 12 years. She was born here in

6 Chicago. She lived her entire life in this area, has rarely

7 even traveled out of the State. Her parents, who are both

8 here standing in Court, Judge, live here. Her two children,

9 Judge, do have -- they are eight years apart. They have two

10 separate fathers. They both stay here. She is mandated by

11 the family court to stay here and do the visitation

12 restrictions that apply. She has been employed for the last

13 year at ~the Green Hill Library, working as a circulation

14 clerk in the youth library assistance. She was also working

15 at this Kids First Academy, where this occurred, since

16 September of last year. The father's here and present,

17 Judge, and has worked for AT&T for 33 years. The mother has

18 worked over a decade for UPS . This young lady, the

19 defendant, Judge, has been working with children since she

20 was 18 ye a r s old. She has worked in day care. She worked

21 as a nanny . She ran the church nursery. She has done

22 extensive babysitting. She has worked in other libraries

23 with the kid's program. As f a r a s all the people I've

2 4 interviewed, there hasn't been a problem with her being with

5

ooooos

1 the children. She is not a flight risk. We believe that

2 she is innocent. She has significant ties to this

3 community, and there are limited finances for her . I would

4 respectfully suggest a bail in the amount of 50,000, 10

5 percent, would be more than sufficient to insure that she

6 shows up in court . The Court's well aware that the bail is

7 not to be punitive. And, although the charges here are

8 serious, Judge, there's a lot of questions that remain

9 unanswered here. The family has gone through the financial

10 burden of retaining counsel for the defendant. We would ask

11 the Court, respectfully, to set the bail at 50,000, 10

12 percent, or whatever a figure the Court deem appropriate.

13 MR, RIPPY: Your Honor, if I may briefly answer?

14

15

THE COURT:

MR. RIPPY :

Yes.

My request for bond is not based on the

16 possible future charges. My request for bond is based on

17 the fact, number one, this is a non-probationable, Class X,

18 carrying a mandatory Department of Corrections sentence.

19 This is a mandatory prison case. It's not probationable.

20 Number two is also -- there is also a matter of protecting

21 the community. This is a case of a four-month-old child,

22 who, as a result of this, will suffer handicaps for the rest

23 of her life because of her.

24 MR. BRETZ: Judge, my reply to that is the State comes

6

oooooa

1 in here every day on Class X felonies, and recommends bail

2 much less than that, even for people who have money. As far

3 as protecting the community, talking about (inaudible) in

4 which she's guilty, around children for 18 years without

5 even one incident . She's a respected member of the

6 community, is a good mother, family person, lifelong ties

7 here. And the bail here requested, Judge, no disrespect to

counsel, is somewhat ludicrous. 8

9

10

11

12

THE COURT: All right. Bond will be set in the amount

of $100,000, 10 percent to apply.

MR . RIPPY: Thank you, Judge .

MR. BRETZ: Judge, the State has projected a

13 prelimin_ary hearing date of March 7th and (inaudible) .

14 THE COURT: All right . March 7th .

15

16

17

18

19

20

21

22

23

24

MR. RIPPY:

MR. BRETZ:

THE COURT:

That would be March 7th, 9:30, 405.

Thank you, your Honor.

You're welcome.

(Which is all the proceedings had.)

7

00000'7


2 WILL COUNTY, ILLINOIS

3

4

5 I, JODI L. HICKS, certify the foregoing to be a true

6 and accurate transcript of the electronic recorded testimony

7 and proceedings in the above-entitled cause as authorized by

8 Administrative Order.

9

10

11

12

13

14

15

16

17

18

19

20

21 Dated this 20th day

22 of January, 2006.

23

2 4

Court Specialist

8

000001

1 STATE OF ILLINOIS ss.

2 COUNTY OF W I L L

3 IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT

4

5

6

7

8

9


THE PEOPLE OF THE STATE OF ILLINOIS, ) )

Plaintiff, ) )

vs . ) )

JENNIFER L . DELPRETE I )

) Defendant . )

No .

. ' ) ·- - ·

10 REPORT OF PROCEEDINGS had in the above-entitled

11 cause before the HONORABLE BARBARA J. BADGER, Judge of

12 said Court, on the 5th day of March, A.D. 2003.

13

14 APPEARANCES :

15 HONORABLE JEFFERY J. TOMCZAK WILL COUNTY STATE'S ATTORNEY

16 BY: MR . DANIEL RIPPY, Assistant State's Attorney

17 Appeared on behalf of the People of the State of Illinois;

18

19

20

21

22

23

24

JAMES J. STRAMAGLI A I CSR I RPR CSR License No. 084-002842

Will County Courthouse Joliet, IL 60432

j

00000, 1

1 THE COURT: · 03 CF 199, People versus Jennifer

2 DelPrete, D-e-1-P-r-e-t-e. Grand jury returns a two count

3 Bill of Indictment. Count I is ag battery of a child,

4 Class X felony, as is Count II. Bail?

5 MR. RIPPY: $100,000.00. She is out of custody.

6 March 7th.

7 THE COURT: Bail 100,000, ten percent to apply. March

8 7th, Judge Kinney. Warrant stayed.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

(WHICH WERE ALL THE PROCEEDINGS HAD THIS DATE.)

000010 2


2 COUNTY OF W I L L

3

4

5 I hereby certify that I reported stenographically

6 the proceedings had at the hearing in the above-entitl ed

7 cause, and that the above and foregoing is a true,

8 correct , and compl ete transcript of my stenographic notes

9 so taken at the time and place hereinbefore set forth.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Date : r:;Ja A-· 2- '-. ' D/, GLIA,

Court Reporter, 12th Circuit of Illinois

000011 3

1 STATE OF ILLINOIS

2 COUNTY OF W I L L

)

)

) SS:

1

3 THE CIRCUIT COURT OF ~HE TWELFTH JUDICIAL CIRCUIT

4

5

6

7

8

9

10

11


THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff,

vs.

JENNIFER L. DELPRETE,

Defendant.

)

)

)

)

)

)

)

)

)

)

12 . REPORT OF PROCEEDINGS had in the above-entitled

13 cause before the HONORABLE STEPHEN D . WHITE,

14 Judge of the Circuit Court of Will County,

15 Illinois, on the 7th day of March, 2003 .

16

17

18

19

20

21

APPEARANCES:

MR . JOHN CONNOR, Assistant State's Attorney for the Plaintiff;

MR. CHARLES BRETZ, Attorney At Law for the Defendant.

22 TAMMY M. MAIER, C . S.R. LIC ENSE NO. 84- 3 364

23 OFFICIAL COURT REPORTER WILL COUNTY COURTHOUSE

24 JOLIET, ILLINOIS 60432

000012

1

2

3

MR. BRETZ: Judge, then I have Jennifer

Delprete, 03 CF 199. It's up for arraignment.

THE COURT: We have a two count Bill of

4 Indictment .

5 MR. BRETZ: Judge, acknowledge receipt of

6 the two count Bill of Indictment, waive formal

7 reading, reading of penalties and plead not

8 guilty.

THE COURT: State's discovery will be the

21st, defendant's the 4th . Set this for

2

9

10

11 April 8th pretrial. This will be on the docket

12 ~f Judge Badger in 400.

13

14 date?

15

16

17

18

19

20

21

22

23

24

MR. BRETZ: I'm sorry, what was the pretrial

THE COURT: 400 on the 8th, April 8th.

MR. BRETZ: April 8th?

THE COURT: Correct.

(WHICH WERE ALL THE

PROCEEDINGS HAD IN

THIS CAUSE ON THIS

DATE.)

000013

3

1 THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT


3

4

5 I, TAMMY M. MAIER, an Official

6 Court Reporter for the Circuit Court of Will

7 County, Twelfth Judicial Circuit of ·Illinois, do

8 hereby certify that I reported in shorthand the

9 proceedings had on the hearing in the

10 aforementioned causei that I thereafter caused

11 the foregoing to be transcribed into typewriting,

12 wbich I hereby certify to be a true and accurate

13 transcript of the proceedings had before the

14 Honorable Stephen D . White, Judge of said Court.

15

16

17

18

19 OFFICIAL COURT REPORTER

20

21

22

23 DATED this 16th day


000014


2 COUNTY OF WILL ~c. <3 = '· <-"

3 ',- :: . Cj

CIRCUIT COURT OF THE 12TH JUDICIAL C:~RCU~ l1 IN THE

4

5

6

7

8

9

WILL COUNTY , ILLINOIS -·


-vs -

JENNIFER L. DEL PRETE,

Plaintiff,) ) ) ) ) )

Defendant.)

Z -··

-·.~

_.. : ,•

-o Z c: 0 :-:J

NO. 2003~

~

-u :X

N

N w

199

10 REPORT OF PROCEEDINGS had at the hearing of the

-l rn i:J

11 above-entitled cause before the Honorable BARBARA J. BADGER,

12 on the 8th day of April , A.D., 2003.

13

14 APPEARANCES:

15

16

17

18

19

20

21

22

23

24

HON. JEFFERY J . TOMCZAK, State's Attorney BY: MR. FREDERICK V. HARVEY and MR. DENNIS M.

REBOLETTI, Assistant State's Attorneys Appeared on behalf of tne Peop1. e ;

MR. CHARLES L. BRETZ, Attorney At Law Appeared on behalf of the Defendant .

STEVE VITHOULKAS, CSR, RPR, RMR Wil l County Courthouse

Joliet, IL 60432

1 ' . . ' I

000015

1 MR. BRETZ: Jennifer Del Prete.

2 THE COURT: 03 CF 99, Jennifer Del Prete. Show

3 Mr. Bretz on behalf of the defendant who is present in

4 court. Mr. Harvey for the People.

5 MR. HARVEY: Judge, it's up for initial pretrial,

6 however, since there are numerous medical records, I believe

7 we are going to tender discovery to Mr. Bretz today, ask for

8 leave to file that with the Court.

9 THE COURT: Same is ordered filed. Is there other

10 records besides what you have here?

11 "MR.. ·REBOLETTI : There is, Judge. T 1 m sorry, Judge.

12 There is additional records from St. Joe's Hospital. There

13 is records from St. Joe's, I think Mr. Bretz has records

14 from UIC and from Children's Memorial Hospital, so I have

15 tracked the St. Joe 1 s records down.

16 THE COURT : And you don't have those now, you just know

17 they exist?

18 MR. REBOLETTI: I know they exist. I am trying to

19 track them down.

20 THE COURT: Give yourself a pretty long pretrial then.

21 MR. BRETZ : Because once I get those, I need to go

22 through those and also look at the issue of experts and all

23 of that.

24 MR. HARVEY: That's correct , Judge.

2

000016

MR. BRETZ: Maybe a date sometime in June.

THE COURT: That's fine.

1

2

3 MR. HARVEY: Judge, we . can show that by agreement. How

4 about -- how is Thursday, June 12th.

5 MR. BRETZ: That should be fine.

6 THE COURT: June 12th, by agreement, 9:30, pretrial.

7 (AND THOSE WERE ALL THE PROCEEDINGS HAD.)

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

3

000017


2 COUNTY OF W I L L

3

4

5

6

7 I, STEVE VITHOULKAS, Official Court Reporter for

8 the 12th Judicial Circuit, Will County, Illinois, do hereby

9 certify that T reported in shorthand as such official court

10 reporter the foregoing proceedings had before the Honorable

11 BARBARA J. BADGER, Judge of said Court in the above-entitled

12 cause on the 8th day of April, 2004, and thereafter caused

13 to be transcribed into typewriting the "foregoing transcript

14 which I hereby certify is a true and correct transcription

15 of my shorthand notes so taken of the evidence offered and

16 received on said date.

17

18

19

20

21

22

23

24

4

I

STEVE VITHOULKAS Official Court Reporter.

OOOMS

1 STATE OF ILLINOIS

2 COUNTY OF W I L L

)

)

) SS:

1

3 THE CIRCUIT COURT OF ~HE TWELFTH JUDICIAL CIRCUIT

4

5

6

7

8

9

10

11



Plaintiff,

vs.


Defendant.

)

)

)

)

)

)

)

)

)

)

c . No .

12 ~ REPORT OF PROCEEDINGS had in the above-entitled

13 cause before the HONORABLE BARBARA J . BADGER,


15 Illinois, on the 15th day of April, 2003.

16 APPEARANCES:

17 MR. FREDERICK HARVEY, Assistant State's Attorney

18 for the Plaintiffi

19 MR. KENNETH BRINGER, Attorney At Law

20 for the Defendant.

21

22 TAMMY M. MAIER, C.S.R. LICENSE NO. 84-3364



000019

2

1 MR . BRINGER: I'm here on Jennifer Delprete,

2 03 CF 199.

3

4

THE COURT:

the defendant.

Show Mr. Bringer on behalf of

Mr. Harvey for the People. Where

5 is the defendant?

6

7

MR. HARVEY: It is up on defense motion it

looks like to modify terms of her bond. We

8 already have a pretrial date of June 12.

9 THE COURT: I don't have the motion. Do you

10 have a motion?

11 MR. BRINGER: Yes, your Honor. It is

12 defendant's motion to allow her to attend her

13 I believe it is her cousin's graduation, your

14 Honor.

15

16

17

THE COURT: State have an objection?

MR. HARVEY: No.

THE COURT: Prepare an order. That's fine.

18 Pretrial date will stand.

19

20

21

22

23

24

MR. BRINGER: Thank you, your Honor.

(WHICH WERE ALL THE

PROCEEDINGS HAD IN

THIS CAUSE ON THIS

DATE.}

000020



3

4



7 County, Twelfth Judicial Circuit of Illinois, do



10 aforementioned cause; that I thereafter caused


12 which I hereby certify to be a true and accurate

~3 transcript of the proceedings had before the

14 Honorable Barbara J. Badger, Judge of said Court.

15

16

17

18


20

21

22



0 00021

1 STATE OF ILLINOIS

2 COUNTY OF W I L L

)

)

)

SS:

1

3 THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS ~ ~ o

4

5

6

7

8

9

10

11


Plaintiff,

vs.


Defendant.

)

)

)

)

)

)

)

)

)

)

. - · 0')

~ ., . -c~ : .. ~ ............ 0. · .PN··· " .:·-~ ·" . , . .,

~ . ~--... ·---f>--~ . . . ' __I

:7; j 0 -·

No. 0 3 C"CF 1"-g 9

12 · REPORT OF PROCEEDINGS had in the above-entitled

13 cause before the HONORABLE BARBARA J. BADGER,


15 Illinois, on the 29th day of May, 2003 .

16 APPEARANCES:

17 MR. FREDERICK HARVEY, Assistant State's Attorney

18 for the Plaintiff;

19 MR . CHARLES BRETZ, Attorney At Law

20 for the Defendant .

21

22 TAMMY M. MAIER, C.S.R. LICENSE NO. 84 - 3364



000022

MR. BRETZ: There are some cases that I 1

2 motioned up to move some cases around. I'm going

3 to be on vacation the week of June 9.

4

5

THE COURT:

MR. BRETZ:

6 problems.

Me too.

That will solve a lot of

Jennifer Delprete is 7

8

9

THE COURT: 03 CF 199, Jennifer Delprete .

Show Mr. Harvey for the People. Mr . Bretz for

10 the defendant.

11 We have a June 12 pretrial date

12 which you need to change because you're going on

13 vacation .

14

15

MR. BRETZ:

THE COURT:

16 though.

17 MR. BRETZ :

18 June 19?

THE COURT :

Yes.

Pick a date, not that week

How about the following,

June 19, 9:30.

Any objection from the People?

19

20

21

22

23

24

MR . HARVEY: No.

THE COURT : Okay.

0 00023

3

1

2

3 (WHICH WERE ALL THE

4 PROCEEDINGS HAD IN

5 THIS CAUSE ON THIS

6 DATE.)

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

000024

4



3

4



7 County, Twelfth Judicial Circuit of Illinois, do





12 which I hereby certify to be a true and accurate


14 Honorable Barbara J. Badger , Judge of said Court.

15

16

17

18


20

21

22

2 3 DATED this 16th day


000025

C>F.

People versils

wi ll county case No . _ _;0~' __ 3l-.-_C.:....:._{"_~I_CJ~Cf!__ ________ _

The docket sheets reflects my presence in the courtroom of

Judge I)Ad ~ ~./!~3

transcript for the following reason:

on the date of

I will not be filing a

____ I was not the court reporter present with this judge on this date. The afpropriate court reporter is

X 7

I was the court repor~er presen t with this judge on this date but I have no shorthand notes that pert~~~ 0 t o t hi s cas e . ;::: ~-- m

,.- ·-~~ 'X

Other Explanation: ···~ ;~· 000

~~ - ~ -·~ ~

:-t

'/'l ·-·

000026

r-1 : -J- ,' ; :""'\ ~ . ("'"- ~ .

1 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCtH''4"

2

3

4

5

6

7

8

9

10



Plaintiffs,

-vs-

JENNIFER DELPRETE,

Defendant.

NO: 03 CF 199

i'\:: ~r-r" . v ... LJr: I 2 ) PtJ '), ."'l I

- . '-· u_

CCFy·

11 REPORT OF PROCEEDINGS had in the above-entitled cause

12 before the Honorable BARBARA J. BADGER, Judge of the

13 Circuit Court of Will County , Illinois, o n the 30th day of

14 July, 2003.

15 APPEARANCES:

16 MR. JEFFERY TOMCZAK STATE'S ATTORNEY OF WILL COUNTY, ILLINOIS

17 by MR. FREDERICK HARVEY

18 ASSISTANT STATE'S ATTORNEY

19

20

21

22

for the People,

MR. CHARLES BRETZ ATTORNEY AT LAW

for the Defendant.

Patricia A. Stirniman , CSR - RDR 23 Official Court Reporter, 84-1798

Will County Courthouse 24 Joliet, Illinois 60432

000027

2

1 MR . BRETZ: Judge, the next matter I have is Jennifer

2 DelPrete , on your ca ll.

3

4

5

THE COURT: 03 CF 199, Jennifer DelPrete. Show she's

present with Mr. Bretz. Mr. Harvey for the People.

MR. HARVEY: Judge, it's up for pretrial today . As

6 the Court's aware , I'm sure, I have subpoenaed numerous

7 med ica l re cords. I think during the week your Honor ha s

8 been giving them to me as they have come in.

9 I told Mr . Bretz this morning that our

10 office is in the proces s of copying them and tenderi ng more

11 formal discovery. As a matter of fact, I should have a

12 stack for Mr . Bretz by this afternoon.

13 I think by agreement we 're going to have a

14 status date in a couple weeks on discovery, make sure I ' ve

15 got all my stuff, because I think then he's got to do--

16 MR. BRETZ: Judge, we suggest a t wo - week status, waive

17 my client's presence at that time, and to see if the State

18 has everything to me . Because before I can start preparing

19 my discovery response and hiring an expert, and t hos e sort

20 of things, I need to have all the medical records . It's a

21 shaken baby syndrome case.

THE COURT: What date are you proposing? 22

23 MR. BRETZ: Whatever date i n two weeks is good for

24 Mr. Harvey would be fine.

000028

1

2

3

MR. HARVEY: Judge, August 14.

THE COURT: Okay. August 14. Defendant ' s appearance

3 waived. You need to k~ep in ·contact with your lawyer so

4 you know the next date after that.

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

2 3

24

THE DEFENDANT : All right . Thank you.

(WHICH WERE ALL THE

PROCEEDINGS HAD IN THIS

CAUSE, THIS DATE .)

000029

4

1


3 WILL COUNTY I -ILLINOIS

4

5

6

7

8 I, Patricia A . Stirniman, an Official Court Reporter

9 for the Circuit Court of Will County, Illinois, Twelfth

10 Judicial Circuit of Illinois, License No. 84-1798, do hereby

11 certify that I reported in shorthand the proceedings had in .

12 the above-entitled cause; that I thereafter caused the

13 foregoing to be transcribed into typewriting, which I hereby

14 certify to be a true and accurate transcript of the

15 proceedings had before the Honorable BARBARA J. BADGER,

16 Judge of said court.

17

a_L· ·~ - ------------18

19 Official Court Reporter

20

21

22


24 of December , 2005.

000030

1 STATE OF ILLINOIS SS:

2 COUNTY OF WILL

3 IN THE CIRCUIT COURT OF THE TWELFTH JUDIC I AL CIRCUIT WILL COUNTY, ILLINOIS

4

5 THE PEOPLE OF THE STATE OF }

ILLINOIS, }

6 }

Plaintiff, }

7 )

vs . } No . 03 8 }

JENNIFER L. DELPRETE, )

9 )

Defendant. }

10


12 above-entitled cause before the HONORABLE BARBARA J.

13 BADGER, Judge of the Twelfth Judicial Circuit, Will

14 County, Illinois, on the 14th day of August 2003 .

15 PRESENT:

16 MR. FREDERICK V. HARVEY Assistant State's Attorney of Will County

17 Appeared on behalf of the People of the State of Illinois;

18

19

20

21

MR . CHARLES BRETZ Attorney at Law Appeared on behalf of the Defendant.

·•

22

23

Mariann e Fleming Official Court Reporter CSR No . 084-002579

24 1

000031

1 THE COURT : People vs . Jennifer DelPrete.

2 Show Mr . Bretz on behalf of the Defenda nt .

3 Mr. Harvey for t he Pe.ople .

4 It is s et for status ?

MR . BRETZ: Yes. My client's presence was waived. 5

6 It is up for status on the State's discovery . They were

7 supposed to let me know whe t her they were in the position

8 to finalize discovery because I needed to get all of the

9 discovery so I can look at hiring some experts .

10 For some reason , t hey don ' t k now for s u re . I

11 would rather come back like the 1st of next week or

12 something so that we know for sure.

13

14

15 fine.

THE COURT : What date would you like to make sure?

MR. HARVEY: Any date for Mr. Bretz next week is

THE COURT:

MR . BRETZ:

THE COURT :

You pick it .

Tuesday?

August 19th by agreement . Pre-trial

16

17

18

19

20

discovery status. Defendant ' s appearance is waived.

(Which were all the proceedings had in

21 this cause this date.)

22 I ll

23 Ill

24 Ill 2

000032

1 STATE OF ILLINOI S SS:

2 COUNTY OF WI LL

3 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL DISTRICT WILL COUNTY , ILLINOIS

4 THE PEOPLE OF THE STATE OF }

5 ILLINOIS, }

}

6 Pla intif f, }

)

7 vs. ) No. 03 CF 199 )

8 JENNIFER L. DELPRETE, }

}

9 Defendant . )

10

11 -- --- ------------ ----------

12

13 I, Marianne Fleming, CSR of the State of

14 Ill inois, do hereby certify that I reported in shorthand

15 the proceedings aforesaid , and that said t rans cript is a

16 true, correct, and complete transcript of said

17 proceedings according to my stenographic notes so taken

18 and transcribed by me.

19

20

21

22

23

24

/'\\) ~· I ~;~~F~~------------

Official Court Reporter CSR No . 084 - 002579

000033

3


2 COUNTY OF WILL

3 IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT

4

5

6

7

8


THE PEOPLE OF THE STATE OF ILLINOIS, ) )

Plaintiff,) )

-vs- ) NO. )

JENNIFER L. DELPRETE, ) )

Defendant.) 9 ~-·

1

10 REPORT OF PROCEEDINGS had at the hearing of the

11 above-entitled cause before the Honorable BARBARA J. BADGER,

12 on the 19th day of August, A.D., 2003 .

13

14 APPEARANCES:

15 MR. FREDERICK V. HARVEY

16

17

18

19

20

21

22

Assistant State's Attorney of Will County Appeared on behalf of the People of the State of Illinois;

MR . CHARLES L. BRETZ Attorney at Law


23 MARY CONNOR, CSR #084-001958 Will County Courthouse

24 Joliet, IL 60432

000034

2

THE COURT: Mr. Bretz?

1

2

3 MR. BRETZ: Goo.d morning. There are two matters. The

4 first one is Jennifer DelPrete up on a status for discovery.

5 My client's presense is waived.

6 THE COURT: 03 CF 199, Jennifer DelPrete. Mr . Harvey

7 for the People. Mr. Bretz for the Defendant.

8 MR. a~VEY: We ask, because this is a pretty

9 complicated medical case -- I know Mr. Bretz anticipated

10 hiring an expert. And I can represent to the Court that as

11 far as I know, as of today I have all the records that are

12 out there. I placed a call to the -- or I'm sorry, strike

13 that. I received a call from the victim's, I believe,

14 mother or aunt yesterday. I have not had a chance to call

15 her back. I checked my own records as to what I have as of

16 now, the only caveat being I understand I do have a

17 continuing obligation to provide discovery and there is a

18 continuing medical treatment going on in this case.

19 THE COURT: He has lis ted in his supplemental discovery

20 a bunch of medical records. Are you seeking something

21 besides that?

22

23

24

MR. BRETZ: No, Judge.

THE COURT: I want to make sure you've got everything .

MR. BRETZ: What happened is the State said they were

000035

3

1 tendering this. They were not sure that was everything. We

2 continued it a couple of times so they cou ld verify as far

3 as they know this is everything that existed at this point

4 in the case. In about four weeks I can work toward

5 responding with discovery of my own.

6 THE COURT: Pick a date.

7 MR. BRETZ: Judge, I'll be back before you on September

8 19th if that's okay with the State .

9 MR. HARVEY: That's fine.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2 4

THE COURT : September 19th for pretrial.

{AND THOSE WERE ALL THE PROCEEDINGS HAD . )

00003G

4


2 COUNTY OF W I L L

3

4

5

6

7 I, MARY CONNOR, Official Court Reporter for the

8 12th Judicial Circuit, Will County, Illinois, do hereby

9 certify that I reported in shorthand as such official court

10 reporter the foregoing proceedings had before the Honorable

11 BARBARA J. BADGER, Judge of said Court in the above-entitled

12 cause on the 19th day of August, 2003, and thereafter caused

13 to be transcribed into typewriting the foregoing transcript

14 which I hereby certify is a true and correct transcription

15 of my shorthand notes so taken of the evidence offered and

16 received on said date before said Judge.

17

18

19

20

21

22

23

24

'\JlA~G PL10-1~ MARY CONNOR

Official Court Reporter.

000037

1

2

STATE OF ILLINOIS) )

COUNTY OF W I L L) SS:

3 IN THE CIRCUIT COURT OF THE TWELFTH JJJPJ~!,_AI.f\C;!;Rf:_UIT WI LL COUNTY , ILLINOIS

4

5

6

7

8

9

10

11

PEOPLE OF THE STATE OF ) ILLINOIS, )

)

Plaintiff, ) )

VS ) No. )

JENNIFER DELPRETE, ) )

Defendant. )

-. . ..

03 CF 199

,·~--

: · .i .i · . :'

. .. --- · . . ~ ..


.... . i

13 above-entitled cause before the Honorable Barbara J.

14 Badger, Judge of the Circuit Court of Wil l County,

15 Illinois, on the 19th day of September, 2003.

16 APPEARANCES:

17 MR. JAMES W. GLASGOW, STATE ' S ATTORNEY OF WILL COUNTY, ILLINO I S,

18 BY; MR. FRED HARVEY,

1 9

20

Appeared on behalf of the People;

MR. CHARLES BRE TZ, Attorney at Law, Appeared on behalf of the Defendant.

21

22 THERESE HUSSAR, C.S.R. OFFICIAL COURT REPORTER

23 WILL COUNTY COURTHOUSE JOJ..~I ET , ILLI NOIS 6043 1

24 08 4 - 0 02349

000038

1

2

3

4

5

6

2

MR. BRETZ: Jennifer Delprete, 03 CF 199 .

Judge, I think you waived her

appearance. We were doing some things in reference to

the State had g iv~n me ~he discovery looking toward us

retaining an expert. We had all the discovery. We

sorted through a mountain of it. I will need, I would

7 suggest, a six-week date, Jud-ge.

8

9

THE COURT:

MR. HARVEY:

10 defendant appear.

11 THE COURT:

Pick one.

That's fine . I will ask the

I want her to show up next time.

12 Her presence was waived today.

13

14

15

16

17

18

19

20

21

22

23

24

Mr. Harvey for the People. What date?

MR. BRETZ:

THE COURT:

I am suggesting November 6t h .

Okay, November 6th, 9:30.

(Which were all the

proceedings in the

above-entitled cause.)

000039

3



3

4

5 I, THERESE HUSSAR, an Official Court

6 Reporter for the Circuit Court of Will County, Twelfth

7 Judicial Circuit of Illinois, do hereby certify that I

8 reported in shorthand the proceedings had on the

9 hearing in the aforementioned causei that I thereafter

10 caused the foregoing to be transcribed into

11 typewriting, which I hereby certify to be a true and

12 accurate transcript of the proceedings had before the

13 Honorable Barbara J . Badger, Judge of said Court.

14

15

16

17

18

19

20

21 '":).

Dated this --~Q __ day

22 of -~~------ ' 2005.

23

24

000040

1

2

IN THE CIRCUIT COURT OF THE TWELFTH JUD:feti_L ~{~CUIT

WILL COUNTY, ILLINOIS ·V -:-~· > · PM ''-. -, V ::> l ',_ L C. ._ 11 '-.' U "-

3

4

5

6


Plaintiffs, CCF·Y -vs- NO: 03 CF 199

7 JENNIFER DELPRETE,

8 Defendant.

9

10

11 REPORT OF PROCEEDINGS had in the above-entit led cause

12 before the Honorable BARBARA J. BADGER, Judge of the

13 Circuit Court of Will County, Illinois, on the 6th day of

14 November, 2003 .

15 APPEARANCES:


17 by MR. FREDERICK HARVEY


19

20

21

22

for the People ,


for the Defendant.

Patricia A. Stirnirnan, CSR-RDR 23 Official Court Reporter, 84-1798

Will County Cour thouse 24 Joliet, Illinois 60432

000041

1

2

2

MR. BRETZ: Judge, DelPrete.

THE COURT: Jennifer DelPrete, 03 CF 199. Show

3 Mr. Bretz on behalf of defendant, who is present in court.

4

5

Mr. Harvey for the People. It's up for pretrial.

MR. BRETZ: Judge, I have spoken with Mr. Harvey.

6 There's still some matters that we're working through as

7 far as experts are concerned. We are suggesting

8 December 10.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

THE COURT: 9:30, by agreement.

THE CLERK: What's the date?

MR. BRETZ: December 10.

(WHICH WERE ALL THE


CAUSE, THIS DATE.)

000042

3

1



4

5

6

7

8 I, Patricia A. Stirniman, an Official Court Reporter

9 for the Circuit Court of Will County , Illinois, Twelfth

10 Judicial Circuit of Illinois, License No . 84-1798, do

11 hereby certify that I reported in shorthand the proceedings

12 had in the above-entitled cause; that I thereafter caused

13 the foregoing to be transcribed into typewriting, which I

14 hereby certify to be a true and accurate transcript of the

15 proceedings had before the Honorable BARBARA J. BADGER,

16 Judge of said court.

17

18

19

20

21

22


24 of December, 2005.

Official Court Reporter

000043

1 STATE OF ILL INOIS SS:

2 COUNTY OF W I L L

3 THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS

4

5 THE PEOPLE OF THE )

STATE OF ILLINOIS, )

6 )

Plaintiff, ) -..: .

) ·~ 0) 7

vs. ) No. 03 CF f~9 "'1-, ) 0 I •

I JENNIFER L. DELPRETE, ) {_ :..v

) :::.. ·-Defendant. ) '

8

9

10 .? ~-::0


12 c~use before the HONORABLE BARBARA J. BADGER,


14 Illinois, on the 26th day of November, 2003.

15 APPEARANCES:

16 MR . DENNIS REBOLETTI Assistant State's Attorney


18 MR. CHARLES BRETZ Attorney at Law


20

21

22 COLLEEN E. MORIARTY, C.S.R. LICENSF. NO. 84-3493



000044

l

1 MR. BRETZ: Judge, the next matter that I

2 have is Jennifer DelPrete on your call, 03 CF

3 199 . This was.the de!endant's motion to modify

4 the terms of bail to allow her to go to St . Louis

5 Missourri, planning on leaving this evening,

6 coming back on Friday, to visit family for

7 Thanksgiving .

THE COURT: I don't see any bond

forfeitures. Do you have an objection?

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

MR . REBOLETTI: No, Judge. That ' s fine .

THE COURT: See order on that .

000045

2

3



3

4

5 I, COLLEEN E. MORIARTY, an

6 Official Court Reporter for t he Circuit Court of

7 Will County, Twelf th Judicial Circuit of

8 Illinois, do hereby certify that I reported in

9 shorthand the proceedings had on the hearing in

10 the aforementioned cause; that I thereafter


12 typewriting, which I hereby certify to be a true

13 and accurate transcript of the proceedings had

14 before the Honorable Barbara J . Badger, Judge of

15 said Court.

16

17

18

19

20

21

22 DATED t h i s 2nd d a y

23 of March, 2006.

24

000046


2 COUNTY OF W I L L


4

5

6

7

8

9

10



Plaintiff,

vs.


Defendant.

)

)

) )

) ) )

)

)

)

No.

.::~ :- 0 , .. en

:c ~ ·r; -Q I i

.. I . 0 3: C F .J 9 9 --

~ c -~

D

J.-

()&


12 cause before the HONORABLE BARBARA J. BADGER,


14 Illinois, on the lOth day of December, 2003 .

15 APPEARANCES:

16 MS. JANINE BOGGS Assistant State's Attorney


18 MR. CHARLES BRETZ Attorney a t Law


20

21

22 COLLEEN E. MORIARTY, C . S . R. LICENSE NO. 84-3493



000047

J.

1 THE COURT: Jennifer DelPrete, 03 CF 199.

2 Show the defendant is present with Mr. Bretz.

3

4

Ms. Boggs for the People. Pretrial.

MR. BRETZ: This matter comes on for

5 pretrial, and there is some additional medical

6 records that the State is in the process of

7 obtaining.

8 MS. BOGGS: Judge, my understanding is,

9 while we're here, defense was looking to hire an

10

11

expert. I'll inform the Court the child in

question has passed away. We are -- State is

12 actually waiting on the autopsy and various other

13 records from the child's death to determine

14 exactly what the cause is. That's a separate

15 distinct matter from this case right now.

16 MR. BRETZ: Well, it is except for the fact

17 any records pertaining to that child is something

18 that would be relevant. My office contacted the

19 State, and they told us that they did not have

20 them yet, and I would like to have all the

21 records so that

22 THE COURT: I do too. I suggest maybe you

23 want to subpoena them yourself.

24 MR. BRETZ: That's fine, Judge.

000048

2

1 THE COURT: Three week date. Bring them one

2 way or the other.

3 MS. BOGGS; As I said, State is seeking to

4 determine whether we had to add additional

5 charges.

6 THE COURT: I understand. Both of you can

7 do it.

8

9

MS. BOGGS: Right. We're in the process of

getting them. It's just we do not have them yet.

10 My understanding is, it's also here, they have

1 1 been trying to obtain an expert.

12 MR. BRETZ: We're in the process of doing

13 that, but typically you would have all the

14 records from the expert to review to talk about

15 what his opinion might be before disclosing--.

16 THE COURT: Three week date. I get it.

17 MR. BRETZ: How about January 7th?

18 THE COURT: I don't know if I'm going to be

19 on this call. Somebody will be here.

20 MS. BOGGS : 13th?

21 THE COURT: January 13th, I guess, motion

22 def e ndant for furth er pretrial.

23

24

000049

3

1



3

4

5 I, COLLEEN E. MORIARTY , an

6 Officia l Court Reporter for the Circuit Court of

7 Will County, Twelfth Judicial Circuit of





12 ~ypewriting, which I hereby certify to be a true


14 before the Honorable Barbara J . Badger , Judge of

15 said Court.

16

17

19 1c\ ---------~------------

OFFICIA~ COURT REPORTER

18

20

21

22 DATED this 2nd day

23 of March, 2006.

24

ooooso

c 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18 .

19

20

21

22

23

24

STATE OF ILLINOIS ss.

COUNTY OF W I L L

IN THE CIRCUIT COURT QF THE 12TH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, :.:::.:···. 0

Plaintiff, . . 0') • - · · I'

: ·)=-·~ ::::;; ----...-w. ~ . ~

No. o:J CFv199-. . 0'\ ·---

vs.


Defendant.

·- ...

j _· /--~ v·· : ~-- "'->

'( • . .;.-. ! ~

.. -·""

REPORT OF PROCEEDINGS had in the above-entitl ed

cause before the HONORABLE ROBERT P. LIVAS, Judge of said

Court, on the 13th day of January, A.D. 2004.

APPEARANCES:

HONORABLE JEFFERY J. TOMCZAK WILL COUNTY STATE'S ATTORNEY BY: MR . FREDERICK HARVEY, Assistant State's Attorney

Appeared on behalf of the People of the State of Illinois;

MR. CHUCK BRETZ, Attorney At Law


JAMES J. STRAMAGLIA, CSR, RPR CSR License No. 084-002842

Will County Courthouse Joliet, IL 60432

000051 1

1 MR. BRETZ: Judge, the only matter I have that 1s

2 specifically on your call is Jennifer DelPrete.

3 Tim COURT: Show defendant present on bond with her

4 attorney, Mr. Bretz. This is 03 CF 199.

5 What is the situation here?

6 MR. BRETZ: Judge, the cause comes on for pretrial .

7 The State was going to be securing some additional medical

8 records, which I don't know if they have got them or not.

9 We haven't received them. They were also in the process

10 of making a determination as to whether or not they were

11 going to possibl y be filing any different charges, which I

12 have not heard anything on that either.

13 I also have filed a motion for substitution, but

14 I am not asking for a hearing on that today. I just my

15 client and I had briefly talked about it. She wants to

16 sit down with me and discuss the matter more fully in

17 order to just because I had to make her aware there was

18 a different judge on the file. In order to just preserve

19 her right to address that issue, I had to file it within

20 ten days, and I did that.

21 THE COURT: Correct.

22 MR. BRETZ: But I am not asking for a hearing on that

23 today. 7

24 THE COURT: The motion for substitution having been

oonn~? 2

...., 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

filed, go ahead, Mr. State's Attorney .

MR. HARVEY: Judge, I just wanted -- as far as, just

for of the Court's -- since this was in front of Judge

Badger, the situation is the victim in this case has now

been deceased. There is a coroner's inquest going on in

another county that hasn't been completed yet . I don't

know if that delays any discovery that Mr. Bretz has.

According to the minutes I am reflecting, Judge, Mr. Bretz

was supposed to tender his initial discovery on April 4th,

and I don' t have anything. And we have been tendering

discovery ongoing as it comes in. We haven't delayed it

at all. When we get it, we send it out.

MR. BRETZ: Judge, I guess what that is is an attempt

to divert the fact that they haven't done what they told

Judge Badger they would do t he last time we were in court

to somehow say I haven't done something. But the

situation is this. As has been clearly pointed out

several times before, I know your Honor hasn't been here,

we have contacted various experts . My client is without

funds to pay people to look at things two and three and

four times .

What I need to get from the State is all of the

medical records, including the medical records

pertaining -- surroilllding the time of the death of t he

000053 3

1 child so that I can get all those to somebody so that we

2 can name an expert who is the primary witness that we're

3 waiting to produce so that we can move forward wi th this

4 case.

5 I don't know anything about a coroner's inquest

6 that would prohibit the State from obtaining the rest of

7 the medical records that they have represented to this

8 Court at least once, if not more, that they were in the

9 process of getting.

10 Now, I am not here to throw stones at anybody. I

11 am just saying that I'm waiting for some things, so but

12 if we want to start pointing out who is supposed to be

13 doing what, I mean, the last I knew, .. typically, the

14 defense wil l respond once they have got the discovery from

15 the State. I have a right to have all these things.

16 The State said they were going to be forthcoming .

17 I was just assuming today they were going to report to us

18 where they were in the process of that . So, basically,

19 Judge, all I need is some sort of date by which they feel

20 that they can get the rest of the reports to me so that I

21 can finalize selection of an expert and finalize my

22 discovery disclosure.

23 THE COURT: Well, to me, discovery 1s and always has

24 been an ongoing reciprocal process. I have no idea why --

000054 4

1 I understand what you may be waiting for, but that's kind

2 of dependent on whether or not the State using that

3 medical finding of the coroner's inquest 1s going to

4 change the charge. In the meantime, I have no idea what

5 that -- when did the child die?

6 MR. HARVEY: Before Christmas, before the holidays .

7 THE COURT: The initial discovery, however, should be

8 tendered by defense counsel. I think there has been a

9 number of months that you have been -- we have been

10 waiting.

11 Now, go1ng to the medical records to see whether

12 or not you are missing anything, is there anything missing

13 other than what is going on right now with the deceased

14 that needs to be supplied?

15 MR.. HARVEY: Judge, other than the recent turn of

16 events, we don't have the records pertaining to the

17 child's death. Autopsy reports, coroner's inquest, we

18 don't have those yet. Other than that, Judge, we had

19 tendered everything. On more than one occasion we have

20 tendered Mr. Bretz with stacks of medical records

21 pertaining the child's care.

22 THE COURT: So you are saying for the record then all

23 the medical records up and to the point that the child was

24 deceased have been tendered?

000055 5

1 MR.. HARVEY: . Yes.

2 THE COURT : So I think what the State is asking is a

") ..J pretty reasonable request based on the fact that initial

4 discovery was supposed to be tendered back in April. This

5 has been in this court, as I am examining this, seven

6 times for a continuance.

7 MR. BRETZ: Well, Judge, that is true. However - -

8 THE COURT : I would like to see something on the

9 record. I would like to see some discovery filed .

10 MR. BRETZ: I have no probl em with that.

11 THE COURT: Then l et's do it this way. Then once --

12 if these medical records are going to be used about in

13 some way by the State, either if you~re changing the -

14 charge or for using as evidence at trial, then, obviously, 8

15 I'm going to give you time to respond to that. I am

16 certainly not going to prohibit you from doing that.

17 So what we need to know from the State is two

18 things. Let's get a date for discovery from you, Mr.

19 Bretz, at least to the situation as it now exists with the

20 defendant facing the charge of aggravated battery of a

21 child. Then, second, let's get a date from the State as

22 to any records that they may be that will be tendered,

23 or if they're go1ng to be used and concerning the autopsy

24 of the child. So pick your date first, Mr. Bretz.

6

1

2

MR. BRETZ:

THE COURT:

February 3rd, Judge. That's three weeks.

February 3rd. Granted. Let's make sure.

3 Hope we can get it done. .Go ahead.

MR. HARVEY: Judge, February 24th. 4

5 THE COURT: February 24th for the filing of any

6 further records by the State concerning any medical

7 findings and the autopsy of the child.

8 Now, that leaves us then with setting a new date.

9 You said what date? February what?

10 MR. HARVEY: February 24th.

11 THE COURT: All right. That's a lengthy time. If you

12 file those records, I certainly know it's going to take

13 Mr. Bretz -- or take anybody -- awhile to go through

14 those. So let's pick a date sometime in the second week

15 of March . Mr. Bretz, have you got any preference here?

16 MR. BRETZ: No, Judge. Any time.

17 THE COURT: Hold on. I am trying -- while I have

18 ordered you to comply with discovery, I certainly want to

19 give you some latitude, some leeway, in looking at those

20 medical records. So how long if it's filed - - if the

21 State complies and files by the 24th, let's take a look at

22 any date in the future by which you think you are

23 comfortable with that, you would finish reading those.

24 MR. BRETZ: Judge, I'm go1ng to suggest March lOth,

000057 7

1 11th, 12th, somewhere in there.

2 THE COURT: March lOth.

3 MR. BRETZ: Fine.

4 THE COURT: All right. By agreement?

5 MR. BRETZ: Yes.

6 THE COURT: By agreement, continued to March lOth.

7 Hopefully by that time defense will have tendered

8 discovery, and the State will tender further medical

9 records. Thank you.

10 MR. BRETZ: In reference to the motion I filed, I

11 can

12 THE COURT: Also the motion for substitution of judge

13 has been filed and will be preserved .until that date.

14

15

16

17

18

19

20

21

22

23

24

MR . BRETZ: That's fine. I appreciate that, Judge .

THE COURT: You're welcome.

(WHICH WERE ALL THE PROCEEDINGS HAD THIS DATE.)

000058 8

,., 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

.------------------------------··--~··

STATE OF ILLINOIS ss.

COUNTY OF W I L L

I hereby certify that I reported stenographically

the proceedings had at the hearing in the above-entitled

cause, and that the above and foregoing is a true,

correct, and complete transcript of my stenographic notes

so taken at the time and place hereinbefore set forth.

Date:~~· 2(, 'Db ~. /~AMES L/court Repor er, 12th

Circuit of Illinois

000059 9


2 COUNTY OF W I L L

3 THE CIRCUIT COQRT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS

4

5 THE PEOPLE OF THE )

STATE OF ILL I NOIS, ) ~ c 0

)

~ Plaintiff, ) .::.. .~,..,..,.....,

-:: .:0 ' I ) I ·

6

7 -· cr199·-vs. ) No . 03 ) :~ .,..

·'"-8

JENNIFER L. DELPRETE, ) 'D

9 ) •.. .c:-... _ , .

Defendant. ) ':::0

10


12 c~ause before the HONORABLE ROBERT P. LIVAS,


14 Illinois, on the 11th day of February, 2004.

15 APPEARANCES:

16 MS. ELIZABETH FRAGALE Assistant State's Attorney


18 MR. CHARLES BRETZ Attorney at Law


20

21

22 COLLEEN E. MORIARTY, C.S.R. LICENSE NO. 84 - 3493



000060

1

1 THE COURT: DelPrete, Jennifer, 03 CF 199.

2 It's on the call today for return of subpoena.

3 State subpoenaed some · records from Rush-Copley.

4 MS. FRAGALE: Judge, if you received the

5 actual records in that --

6 THE COURT: No. Hospitals are always so

7 good about t hat.

8 MR. BRETZ : You want to set this over for

9 2/18 as well?

10 THE COURT: Continued to February 18th to

11 determine status of the hospital records.

12

13

14

15

16

17

18

19

20

21

22

23

24

MS. FRAGALE: Thank you, Judge.

000061

2


2 WILL COUNTY , ILLINOIS

3

4

5 I, COLLEEN E. MORIARTY, an

6 Official Court Reporter for the Circuit Court of

7 Will County, Twelfth Judicial Circuit of

8 Illinois, do hereby certify that I reported i n


10 the aforementioned cause ; that I thereafter


12 ~ypewriting, which I hereby certify to be a true


14 before the Honorabl e Barbara J. Badger, Judge of

15 said Court.

16

17

18

19

20

21

/ -'

/ j_j_ t:_ \~ ~--------~---------------

OFFICIAL COURT REPORTER


23 of March, 2006.

24

000062

3

1 STATE OF I LLINO I S SS:

2 COUNTY OF W I L L

3 THE CI RCUIT COURT OF ~HE TWELFTH JUDICIAL CI RCUIT

4

5

6

7



Pla i ntiff,

v s. No. 0 O'l

0 3- C F j"U_ 9 9

) )

)

)

) )

)

)

)

)

~ ""' r-o: :0 I I 8 :

.:...v JENNIFER L . DELPRETE,

Defendant . ? ~c..

~ '

0

9

10 .c-

1 1 •.::0

REPORT OF PROCEEDI NGS had i n the above-entitled

12 cause before the HONORABLE ROB ERT P . LIVAS ,


14 Illinois, on the 18th day of February, 2004 .

15 APPEARANCES :

1 6 MS . MARY FILLIPITCH Assistant State ' s Attorney


18 MR . CHARLES BRETZ Attorney at Law

19 for the Defendant .

20

2 1

22 COLLEEN E . MORIARTY, C . S.R . LICENSE NO. 84 -3 493


24 JOLIET , I LLINOIS 60432

1

000063

1

2

3

THE COURT: Jennifer DelPrete.

MS. FILLIPITCH: Your Honor, I think this is

up for return 0f med{cal records today. Does the

4 Court have any?

THE COURT: Nope. 5

6 MS. FILLIPITCH : Judge, if we could set this

7 over to February 24th? We have a date on t here

8 for a discovery date .

9 over to that date?

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

THE COURT: 24th.

Could we set this matter

0000 64

2



3

4

5 I, COLLEEN E. MORIART~, an

6 Official Court Reporter for the Circuit Court of

7 Will County, Twelft h Judicial Circuit of





12 typewriting, which I hereby certify to be a true

1 3 and accurate transcript of the proceedings had

14 before the Honorable Robert P. Livas, Judge of

15 said Court.

16

17

~~u (. ~ -----------~ -OFFICIAL CO RT REPORTER

18

19

20

21


23 of March, 2006.

24

000065

1 STATE OF ILLINOIS)

2 SS:

3 COUNTY OF W I L L)


5 WILL COUNTY, ILLINOIS ~ (""" 0 _,-- c:n r:--- <-,--;::::J 1:»

CJ~ ~ c. -c: C I Z :-;;;; (..)

- ~-' ' -< -- :po - :::: :X CF i3lg.

~ < ' -~ zc c.n ~~ (7\ -p-•

6 PEOPLE OF THE STATE OF ILLINOI S,)

7 Pl aint iffs,

8 vs NO . 03

9 JENNIFER L. DEL PRETE ,

10 Defendant.

11 REPORT OF PROCEEDINGS had in the above-entit l ed

12 cause before the Honorable ROBERT P . LI VAS, Judge of

13 t he Circuit Court of Will County, I ll inois, on the

14 24th ~ day of February , A. D. 2004.

15 APPEARANCES: HONORABLE JEFFERY TOMCZAK,

16 Will County State ' s Attorney ,

17 By : MR . FRED HARVEY and

18 MS . MARY FI LLIPITCH,

19 Ass i stant State ' s Attorneys,

20 on behalf of the People .

21

22

23

24

LORRAINE MEREDITH, C.S.R . 084-000886

OOOOGG

1

2

THE COURT: DelPrete. 03 CF 199.

MS. FILLIPITCH: I'm sorry. Who d id you call,

3 your Honor?

THE COURT : DelPrete, Jennifer .

2

4

5 MS. FILLIPITCH : She's represented by Mr . Bretz,

6 I believe, Judge.

7

8

THE COURT: Pass it.

(Case passed)

9 THE COURT: DelPrete, Jennifer.

10 MR. HARVEY: Judge, we already have a pre-trial

11 date of March lOth. Today's date was status for

12 discovery on some medical records. Mr. Bretz was

13 here . I got the records last week . I tendered them

14 to him.

15

16

17

18

19

20

21

22

23

24

We ask for the March lOth date to stand.

THE COURT: March lOth date to stand.

MR. HARVEY: Thank you.

(Whereupon the above-entitled

matter was continued to March 10,

2004.)

LORRAINE MEREDITH, C.S.R . 084-000886

000067

3 1 THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

2


4

5

6 I, LORRAINE MEREDITH, an Official

7 Court Reporter for the Circuit Court of Will County,

8 Twelfth Judicial Circuit of Illinois, do hereby

9 certify that I reported in shorthand the proceedings

10 had on the hearing in the aforementioned cause; that

11 I thereafter caused the foregoing to be transcribed

12 into typewriting, which I hereby certify to be a true

13 and accurate transcript of the proceedings had before

14 the Honorable ROBERT P. LIVAS, Judge of said Court .

15

16

17

18

19


21

22 Dated this Jrd day of

23 January, 2006 .

24

LORRAINE MEREDITH, C.S.R. 084-000886

000068

1

2

STATE OF ILLINOIS) )

COUNTY OF W I L L) SS: C' !

: I "' ' ~ " ' ' • : ' ; • ,) 1 I • •

IN THE CIRCUIT COURT OF THE ~WELFTH JUDICIAL CIRCUIT 3 WILL COUNTY, ILLINOIS

4

5 PEOPLE OF THE STATE OF )

ILLINOIS, ) rc ) . OPY. Plaintiff, ) 6

7 ) . . ..... . ....

VS ) No. 03 CF 199 8 )

JENN IFER DELPRETE, )

9 )

Defendant. )

10

11


13 above-entitled cause before the Honorable Gerald R.

14 Kinney, Judge of the Circuit Court of Will County,

15 Illinois, on the lOth day of March, 2004 .

16 APPEARANCES:

17 MR. JAMES W. GLASGOW, STATE'S ATTORNEY OF WILL COUNTY, ILLINOIS,

18 BY; MR. FRED HARVEY,

19

.20

Appeared on behalf of the People;

MR. CHARLES BRETZ, Attorney at Law, Appeared on behalf of the Defendant.

21

22 THERESE HUSSAR, C.S.R. OFFICIAL COURT REPORTER

23 WILL COUNTY COURTHOUSE JOL IET, ILLINOIS 60431

24 084-002349

000069

2

1 MR. BRETZ: Jennifer Delprete. It's not on

2 your call.

3

4

MR. HARVEY: This was sent from Judge Livas.

THE COURT: 03 CF 199. Chuck Bretz for

5 Jennifer Delprete .

6 MR. HARVEY: Mr. Bretz filed -- right when

7 Judge Livas came on the bench he filed a motion for

8 substitution of judge, continued it over for hearing

9 until today. It was filed within the ten days, Judge,

10 so basically it's before your Honor for re-assignment.

11

12

13

14

15

16

THE COURT: All right. Matter comes on for

re-assignment . You filed a motion as to who?

MR . BRETZ :

THE COURT :

Judge Livas and Judge Rozak.

The matter comes on for

re-assignment . Judge White keeps saying he will take

some of these but I haven ' t gone there yet. Cause

17 assigned to the call of Judge Carla Alessio Goode for

18 pre-trial and trial setting. You don't have another

19 date?

20 MR. BRETZ: No, Judge. If you give us a

21 date in maybe how about -- I have to be in front of

22 her on March 31st.

23

24

MR. HARVEY:

THE COURT:

That's fine.

March 31st. I think she's here

000070

1 that date. March 31st, 407 .

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

(Which were all the

proceedings in the

above-entitled cause.)

000071.

3

4


2 WILL COUNTY 1 ILLINOIS

3

4

5 I 1 THERESE HUSSAR 1 an Official Court

6 Reporter for the Circuit Court of Will County/ Twelfth

7 J udicial Circuit of Illinois 1 do hereby certify that I

8 reported in shorthand the proceedings had on the

9 hearing in the aforementioned cause; that I thereafter


11 typewriting, which I hereby certify to be a true and

12 accurate transcript of the proceedings had before the

13 Honorable Gerald R. Kinney, Judge of said Court.

14

15

16

17

1 8

19

20

2 1 Dated this -~D __ day

/}JL , , __ :.__~-~---iu A 1 ~-------OFFICIAL COURT REPORTER

22 of _L}2t~~~~-----' 2005.

23

24

000072

1 STATE OF ILLINOIS

2 COUNTY OF W I L L

)

)

) SS:

1


4

5

6

7

8

9

10

11



Plaintiff,

VS .


Defendant.

)

)

)

)

)

)

)

)

)

)

12 . REPORT OF PROCEEDINGS had in the above-entitled

13 cause before the HONORABLE CARLA ALESSIO-GOODE,


15 Illinois, on the 31st day of March, 2004 .

16 APPEARANCES:

17 MS. SARAH JONES, Assistant State's Attorney


19 MR. CHARLES BRETZ, Attorney At Law


21




00007 3

2

1 MR. BRETZ: The next matter that I have is

2 Jennifer Delprete .

3

4

5

6

7

THE COURT: Out ·of custody?

MR. BRETZ: Out of custody, yes.

THE COURT: People versus Jennifer Delprete,

2003 CF 199. She is present in person and with

her attorney, Mr. Bretz. State by Miss Jones.

8 Matter is before the Court today

9 for the final pretrial.

10 MS. JONES: Judge, I just indicated to

11 Mr. Bretz the People would be seeking one final

12 p.retrial . There is some discovery that we have

13 received that we need to tender to Mr. Bretz, and

14 I would ask for a two week date. I apologize to

15 the Court .

16

17

18

THE COURT: Any objection?

MR. BRETZ: No, Judge.

newly assigned to your call .

This case is just

It is a case that

19 the State has been reviewing for some time to

20 determine whether the current Bill of Indictment

21 if they're going to seek to modify that or not,

22 and we have been kind of somewhat in limbo until

23 they finalize that because that will have a

24 substantial impact on certain discovery matters,

000074

1 so I think that if they can make those

2 determinations in the next two weeks that we'd

3 know .

THE COURT: Is that sufficient time?

MS. JONES: I spoke with Mr. Puri in our

4

5

6

7

office who had had this case before. It did just

come on our call. Two weeks would be sufficient,

8 Judge, for the People. May I have April the 8th

9 -- no, that's only one week. April 15,

10 Mr. Bretz?

11 THE COURT: Are you available on that date,

12 s.ir?

13 MR. BRETZ: I may not be. Can I suggest

14 April 21st? I have a couple other matters before

15 you.

16

17

MS. JONES: That ' s fine.

THE COURT: April 21st at 9:30 for pretrial.

18 That date selected by agreement .

19

20

21

22

23

24

MS. JONES: Thank you, Judge.

(WHICH WERE ALL THE

PROCEEDINGS HAD IN

THIS CAUSE ON THIS

DATE.)

000075

4


2 WILL COUNTY , ILLINOIS

3

4



7 County , Twelfth Judicial Ci rcuit of .Illinois, do




11 the foregoing to be transcribed into typewr iting,

12 ~hich I hereby certify to be a true and accurate


14 Honorable Carla Alessio-Goode, Judge of said

15 Court.

16

17

18

19


21

22



000076

1


2 COUNTY OF W I L L

3 THE CIRCUIT COURT OF -THE TWELFTH JUDICIAL CIRCUIT

4

5

6

7

8

9

10

11



Plaintiff,

vs.


Defendant.

)

)

)

)

)

)

)

)

)

)

No.

12 ~ REPORT OF PROCEEDINGS had in the above-entitled

13 cause before the HONORABLE GERALD R. KINNEY,


15 Illinois, on the 8th day of April, 2004.

16

17

18

19

20

21

APPEARANCES:

MR . AJAY PURI, Assistant State ' s Attorney for the Plaintiff.




000077

1

2

2

THE COURT: 03 CF 199, People versus

Jennifer Delprete . This is a First Superseding

3 Bill of Indict~ent ch'arging first degree murder.

4

5

MR. PURI: Yes, your Honor. She is up on

April 21st in front of Judge Goode . She is out

6 on a hundred thousand dollar bail.

7 THE COURT: Bond to stand. April 21 before

8 Judge Goode for arraignment.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

(WHICH WERE ALL THE

PROCEEDINGS HAD IN

THIS CAUSE ON THIS

DATE.)

000078

3



3

4



7 County, Twelfth Judicial Circuit of .Illinois, do





12 ~hich I hereby certify to be a true and accurate


14 Honorable Gerald R. Kinney, Judge of said Court.

15

16

17

18


20

21

22



000079

r- ~ . ::- ,_ ,_ , ...... ; ~

I i . _ .• ··-1 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

2

3

4

5

6

7

8

9

10


THE PEOPLE OF THE STATE OF ILLINOIS ,

Plaintiffs,

-vs -

JENNIFER DELPRETE,

Defendant.

NO: 03 CF 199

o~ l-:~.'"' ., > pt• ' · )'"' ~ ..... L '- ' c.... U, J


12 before the Honorable CARLA ALESSIO GOODE, Judge of the

13 Circuit Court of Will County, Illinois, on the 21st day of

14 Apr i l , 2 004.

15 APPEARANCES:


17 by MR. THOMAS CIECKO


19

20

21

22

for the People ,


for t he Defendant .

Patricia A. Stirniman, CSR - RDR 23 Official Cou rt Reporter, 84-17 98

Will County Courthouse 24 Joliet, Illinois 60432

000080

1

2

3

4

2

MR. BRETZ: Jennifer DelPrete.

THE COURT: People versus Jennifer DelPrete is 2003 CF

0199. Ms. DelPrete is present in person and with her

attorney, Mr. Bretz. State by Mr. Ciecko. The matter

5 comes before the Court today on the return of a first

6 superseding Bill of Indictment. Am I correct?

7

8

9

MR. CIECKO: That ' s correct.

MR. BRETZ: Yes, Judge.

MR. CIECKO: And also on motion of the State to

10 increase the defendant's bond.

11

12

13

THE COURT: As a result of this?

MR. CIECKO: That's exactly right.

THE COURT: Show that Mr. Bretz is served in open

14 court with a one-count first superseding Bill of Indictment

15 alleging the offense of first-degree murder. Do you

16 acknowledge receipt?

17

18

MR. BRETZ : I do, Judge. Waive formal reading,

explanation of penalties. Enter plea of not guilty on

19 behalf of Ms. DelPrete .

20 THE COURT: Do we have other court d~tcs already set

21 pursu~nt to discovery issues on th.i.s case?

22

23

24

MR. BRETZ: Judge, this was originally set for

pretrial. It was just recently assigned to you.

THE COURT: Okay.

000081

3

1 MR. BRETZ: And so this was just a pretrial date, and

2 when the case was reindicted they set the arraignment on

3 the first superseding Bill of Indictment for today.

4 MR. CIECKO: I'm not sure--since that case came over

5 from Judge Livas' courtroom, I ' m not sure what if any

6 discovery Mr. Bretz has, so I would like the

7 opportunity--the records in this case contain voluminous

8

9

medical records. I want to make sure Mr. Bretz has

everything that we have. So, I'm asking for about four

10 weeks to make sure that that's done.

11 I also have to coordinate with some people

12 in DuPage County, which is where an autopsy and some

13 medical procedures were done. So, I just want to make sure

14 he has everything in connection with the new Bill of

15 Indictment.

16 MR . BRETZ: Judge , I'm in concurrence with that. One

17 of the things I know I do not have is the autopsy report.

18 I do have quite a bit of medical records that have been

19 given to me in the past, but we have been holding off

20 hiring an expert until we know that we have everything for

21 the exper t to review.

22 So, a month date would be fine, to give

23 Mr . Ciecko a chance to acclimate hims elf to the file.

24 THE COURT: Why don't we show the State granted

000082

: .

4

1 additional discovery to be turned over to defense on or

2 before--are you looking for something like April 26? Does

3 that give you sufficient time?

4 MR. CIECKO: A month from today, Judge, would be

5 May 24.

6 THE COURT: Did I say April?

7 MR. CIECKO: Ye s . ,. .·

I thought you were not granting me

8 me f our weeks .

9 THE COURT: It's pretty obvious, wasn• t it?

10 MR. CIECKO : Can we do this May 24, please?

11 THE COURT: May 24. Defense d iscovery thereafter .

12 And you said you were hiring experts . Do you want one

13 month the reafter , sir?

14 MR. BRETZ: Judge, I would like to see what I get,

15 and then maybe address tha t on--I can tell the Court on the

16 24th how long I ' ll need in reference to an expert .

17 THE COURT: Are you asking t hat date, then , to be

18 addressed by the Court relative to whether or not discovery

19 is complete by the State?

20 MR. BRET Z: Yes .

21 THE COURT : Mr . Ciecko?

22 MR . ClECKO : That•s fine, Judge .

23 THE COURT : May 24, at 9 : 30 . We also have a motion

24 before the Court . Mr. Bretz do you acknowledge receipt of

OOOOS3

5

1 that notice and motion?

2 MR. BRETZ: Yes. Judge, I do acknowledge receipt of

3 that, and I'm asking leave to tender to the Court a copy of

4 the response that I have just filed this morning.

5 Judge, Mr. Ciecko did not file this motion,

6 his name is not on it, but the motion as it stands is

7 insufficient as a matter of law. I am not saying they

8 couldn't refile something, but--

9 THE COURT: Show that the State given leave to file

10 amended pleadings.

11

12

MR. CIECKO:

wrong statute.

Judge, I think the statute cited is the

If I may jus t have a moment to read it

13 briefly?

14

15

THE COURT: Yes.

MR. CIECKO: Well, your Honor, the statute cited by

16 Mr. Bretz, which is 725 ILCS 5/110-6 (a), indicates that

17 even on the Court's own motion the Court may increase or

18 reduce the amount of bail or alter the conditions of bail

19 bond or grant bail where it has previously been revoked or

20 den ied.

21 It also states the State can do this upon

22 verified application . And even though Mr. Puri's motion to

23 increase bail is not verified, number one, it's based o n

24 the fact that a superseding Indictment has been tendered.

000084

6

1 I think the reason for the verification is that oftentime s

2 motions to increase bail are based on facts that are

3 outside the record and so there's really no way to know

4 whether those facts are true except to have someone swear

5 to them.

6 In a case like this, where you have the

7 basis of the motion to increase bail being an actual

8 Indictment wh ich has been returned in open court and

9 tendered to counsel and defendant's pled not guilty to it,

10 I think that the need for the verification is somewhat

11 abated.

12 Also, the Court can take notice of the

13 increase of the charges from aggravated batt ery to murder,

14 and the statute does provide on the Court's o wn motion that

15 you can increase bail, and I think you can do that, and I

16 will be prepare d to argue t hat. So, I would suggest that.

17 And also there is no mandatory language there , not the word

18 shall, in that initial paragraph.

19 So, I think the need for the verification is

20 obviated by the Indic tment, and the Court can even address

21 the issue on its own, and we're prepared Lo ask you to do

22 that.

23 MR. BRET Z : Judge, in response, that's an interesting

24 side item where Mr. Ciecko is picking up the ball that

000085

1

2

3

4

7

someone else dropped. I give him credit for creativity.

The statute is clear on its face. It

indicates that upon verified .application. It doesn't leave

any wiggle room there. That's the matter that presents

5 itself to the Court.

6 As far as the Court doing something on its

7 own motion, the Court hasn't made any such motion and

8 there's no reason for the Court to. And for the State to

9 suggest that the Court should somehow pick up its position

10 on this case I believe would be inappropriate.

11 So, I believe the appropriate thing to do

12 would be to strike the motion in its current form and to

13 allow the State to refile whatever pleading they want to

14 refile. There's no case law that I have seen that would

15 support the theory advanced by Mr. Ciecko that this is

16 somehow an optional thing.

17 THE COURT: It appears to me that 725 ILCS 5/110-6

18 relates to the modification of bond for purposes of

19 increasing bond when there's a violation of bond, so

20 therefore the purpose of the verified application by the

21 State would be to in fact have that verification

22 information where conduct is outside the sco pe of the

23 Court's immediate knowledge.

24 It is, however, before the Court now that a

OOOOSG

8

1 first superseding Bill of Indictment having been presented

2 and acknowledged receipt, we'll proceed to hearing on

3 State's motion to increase her bail.

4 MR. BRETZ: I don't mean to interrupt. If I may, wha t

5 I would like, then, respectfully, is the motion on its face

6

7

says it's relying on 110-6. It's in the opening paragraph

of the motion. If this is something that's being filed

8 outside of that then I understand what the Court is saying.

9 The notice of the motion also indicates that

10 the State is appearing here to present this motion.

11 There's nothing that says that they are requesting a

12 hearing instanter . It would be my intent to file a writt en

13 response to this motion.

14 If the Court deems it to be substantive

15 enough to sustain my motion to strike, then I would like a

16 very short time, Judge, as early as next week , to file a

17 written response and to prepare for the hearing, at which

18 time I may be calling some witnesses to testify .

19 THE COURT: Your notice does indicate, Mr. Ciecko,

20 it's up for presentation of the motion and not for

21 immediat e hearing instanter.

22

23

Defense given -- Mr. Bretz, you're appearing

before me tomorrow at 9:30. Present your written response

24 to the motion to increase the defendant's bail bond at that

00008 7

9

1 time.

2 Matter will be called to hearing tomorrow

3 morning after the filing of ~hat response. Your client is

4 ordered t o be personally present. Any other issue you want

5 me to address?

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

MR. BRETZ: No.

MR. CIECKO : No.

(WHICH WERE ALL THE


CAUSE, THIS DATE . )

ooooss

10

1

2 IN THE CI RCUI T COURT OF THE TWELFTH JUDICIAL CIRCU IT

3 WILL COUNTY I .ILLINOIS

4

5

6

7

8 I, Patricia A. Stirniman, an Official Court Reporter

9 for the Circuit Court of Wi ll Coun ty , Illinois, Twelfth

10 Judic ia l Circuit of Illinois, License No . 84-1798 , do

11

12

13

14

15

16

17

18

19

20

21

22

hereby certify that I reported in shorthand the proceedings

had in the above-entitled cause; that I thereafter caused

the foregoing to be transcribed into typewriting, which I

hereby certify to be a true and accurate transcript of the

proceedings had before the Honorable CARLA ALESSIO GOODE,

Judge of said court.

Official Court Reporter


24 of December, 2005.

000089

;:- ! ! :-: ,_\ I i · ...

1 IN THE CIRCUIT COURT OF THE TWELFTH Jf!~t:,I~~ f.:~~<;~~_T


3

4 THE PEOPLE OF THE STATE OF ILLINOIS,

5 Plaintif fs,

6

' I ,. . . n 1 L _ '"' ........ , . . .. .. ._ . • , ,. :.)

-vs- NO: 03 CF 199 7

JENN IFER DELPRETE, 8

Defendant . 9

10


12 before the Honorable CARLA ALESSIO GOODE, Judge of the

13 Circuit Court of Will County, Illinois, on the 22nd day of

14 April, 2004.

15 APPEARANCES:

16 MR. JEFFERY TOMCZAK STATE ' S ATTORNEY OF WILL COUNTY, ILLI NOIS

17 by MR. THOMAS CIECKO


19

20

21

22

for the People,

MR. CHARLES BRETZ ASSIS TANT STATE'S ATTORNEY

for the Defendant.

Patricia A. Stirniman, CSR-RDR 23 Official Court Reporter, 84-1798

Will County Cour thouse 24 Joliet, Illinois 60432

000090

2

1 MR. BRETZ: Judge, the other matter I wa nted passed is

2 the DelPrete matter. We set it over for t oday for hearing,

3 said we would have a hearing after I file d my response.

4 We're still working. There was just some document s I just

5 got this morning . My office is work ing on putting that

6 together. So, if we can pass that I'll have that filed

7 sometime this morning and we can go to hearing on that.

8

9

THE COURT :

MR. CIECKO :

Okay .

Judge, I'm ready on that, if we can go as

10 soon as possible this morning.

11 THE COURT: He needs to have his response put together .

12 for presentation to the Court, right?

13

14

15

16

17

18

MR. BRETZ : Right.

THE COURT : Okay.

(The case was passed

while o t h er cases were

heard.)

THE COURT : Mr. Bretz, I would like to call People

19 versus Jennifer DelPrete. Are you available?

20

2 1

22

23

24

MR. BRETZ : Yes, your Honor.

THE COURT: People versus Jennifer DelPrete, 2003 CF

199 . Ms. DelPrete is present in person and with her

attorney, Mr. Bretz . State by Mr . Ciecko.

Matter was before the Court yesterday upon

000091

3

1 presentation of the State's motion for modification of

2

3

4

5

6

bond. Defense given to today's date to file any written

response. Do you have a document you wish to tender?

MR. BRETZ: I do, Judge. I have already filed it with

the clerk's office, the ori ginal. Giving you a copy.

THE COURT: Mr. Ciecko, do you acknowledge receipt of

7 a copy?

8

9

MR. CIECKO:

THE COURT:

Yes. I got it 30 seconds ago, Judge.

Mr. Ciecko, have you had an opportunity to

10 review the written response?

11

12

13

MR. CIECKO: Yes, your Honor.

THE COURT: And so have I.

hearing on the State's motion.

The matter is called for

Argument on behalf of the

14 State?

15 MR. CIECKO: Thank you, your Honor. Your Honor,

16 People are moving to increase bail to the amount of

17 somewhere between $1,000,000 and $5,0 00 ,000, which the

18 People believe is an amount which will assure the

19 appearance of this defendant in futur e proceedings in the

20 case and assure the safety of the community.

21 By way of proffer, the State would offer the

22 following matter to be taken into account by the Court

23 pursuant to the bail statute. One thing the Court

24 considers is the nature and circumstances of the offense

000092

4

1 charged. In this case we have a baby who is dead .

2 An autopsy was done by the DuPage County

3 coroner that indicates this victim here died by injuries

4 caused by an abusive head trauma. The evidence indicates,

5 in our opinion, that the defendant violently shook the

6 victim causing the trauma to her head. She was the only

7 adult with the baby at the time of the injury.

8 Another matter to be taken into account by

9 the Court would be the use or threatened use of violence as

10

11

part of the offense. And, of course, our opinion is the

use of violence is an integral part of this offense. The

12 defendant in statements to the police admitted she shook

13 this baby in some fashion.

14 The medical opinion is that there was severe

15 force in a violent manner, and at least one medical

16 provider opined that the victim ' s skull had been fr·actured.

17 The condition of the victim is another matter that the

18 Court should take into account, and of course in this case

19 the victim passed away.

20 Another matter thP. Court should take into

21 account is the likelihood of the conviction . In our

22 opinion this is a strong case, given the physical evidence

23 and medical testimony the State wi ll offer. There was

24 blood on the victim's brain between the brain and the skull

oooo9a

5

1 which was consistent with shaken baby syndrome, and the

2 defendant was the only adult with the victim when the

3 injury occurred .

4 The Court should also consider the sentence

5 applicable- upon conviction, and in my opinion 730 ILCS

6 5/5-8-1 a 1 c double i, a sentencing in this case would be

7 natural life .

8 Ask the Court to also consider the weight of

9 the evidence against the defendant. In our opinion, based

10 on medical testimony , it would be very strong.

11 The Court should also consider whether there

12 exists motivation or ability to flee, and I would argue

13 there is such a motivation giv en the sentence to be imposed

14 in this case.

15 The Court should also consider verification

16 as to prior residences, education, or family ties in the

17 local jurisdiction, and based on the representations made

18 in the defendant's response to our motion there doesn't

19 appear to be any ties to Will County.

20 The Court should also or can also consider

21 any past convictions. This defendant has a 19 93 conviction

22 in Cook County of telephone harassment for which she

23 received supervision. Based on the law enforcement record

24 that I have been able to look at she has used at least one

000054

1 alias.

2

3

MR. BRETZ:

MR. CIECKO:

6

What would that be?

Here is the LEADS. One of t he things

4 that's proffered by the defense in their response in the

5 motion to increase bail would be the fact that she is a

6 singl e mother.

7 I note that the sentencing statu te indicates

8 that one of the items in mitigation would be the effect on

9 a person's dependents. I do not find that same

10 consideration to be present in the bail statute.

11 Another thing the Court can consider is

12 whethe r the loss of funds wi ll not deter the defendant from

fl ight. In this case it' s simply a question of money 13

14 versus freedom. And I'm sure Mr . Bretz will correct me, my

15 notes on the case indicate that the defendant was not

16 present in court two times . Since I wasn't in Judge

17 Badger's courtroom I don't know whether those presences

18 were excused, but I just want to rai se them .

MR. BRETZ: They were absolute l y excused.

MR. CIECKO: I'm sure Mr . Bretz will correct me. I

19

20

21

22

just wont to give those dates . Septembe r 1 , o[ 2003, and

February 24, of 2004. Once again, I wasn't there, I don't

23 know whet her they were excused or no t .

24 So , based on all of those factors the People

000095

7

1 would ask for increase of bail to between one and

2 $5,000,000. We're now talking about a murder case here,

3 Judge, so we would ask you to grant our motion.

4

5

6

7

THE COURT : Have you been fully heard, sir?

MR. CIECKO : Yes, your Honor .

THE COURT: Mr. Bretz, on behalf of y our client?

MR. BRETZ: Judge, first of all I would like to call a

8 witnes s to the stand.

9

10

11

12

13

14

15

16

17

18

19

20

21

right

THE COURT : What witness would you like to call?

MR. BRETZ : I would like to call her father .

THE COURT: Okay. His name, please?

THE WITNESS: Wesley DelPrete .

THE COURT : Mr. Bretz?

MR. BRETZ : Yes?

THE COURT : Your wi tness ' s name.

MR. BRETZ: Wesley DelPrete .

THE COURT : Sir, step before my clerk and rai se your

hand.

(Witness sworn . )

THE COURT: Thank you . Sir , if you could please take

a sea t r i ght h ere in the wi tness chair. You may n eed t o

22 adjust that microphone so it £.its your height.

23 It appears you're going to be asked a series

24 of questions. As you're being asked those questions you

000096

8

1 may hear one of the attorneys raise objection . If you hear ·

2 that please do not answer the question until I have an

opportunity to rule on that objection. Do you understand?

THE WITNESS: Yes.

3

4

5 THE COURT: I will give direction afterwards should

6 you need it on whether you should answer the question or

7 if the attorney is going to ask you a differen t question.

8 Do you understand t hat?

THE WITNESS: Yes. 9

10 THE COURT: In addition, sir, if you're asked a

11 question that you do not fully understand please let me

12 know and I ' ll ask the attorney to rephrase the question if

13 that's possible . Do you understand?

14 THE WITNESS: Yes.

15

16

THE COURT: Mr . Bretz, your witness.

MR. BRETZ: Thank you.

17 WESLEY DELPRETE,

18 called as a witness on behalf of the People of the State of

19 Illinois herein, after having been first duly sworn, was

20 examined and testified as follows:

21 DIRECT EXAMINATION

7.2 BY MR. BRETZ:

23

24

Q.

A.

Would you state your name, sir?

Wesley DelPrete .

000097

9

1 Q. And, Mr. DelPrete, you are the father of Jennifer ·

2 DelPrete, is that correct?

3 A. That•s correct.

4 Q. And where do you reside at?

5

6

7

8

A.

Q.

A.

Q.

9 daughter?

10

11

K.

Q.

I live in Chicago, Illinois.

And where does your daughter reside at?

She•s lives in Hickory Hills, Illinois .

How often are you in contact with your

Daily.

And in reference to this case on each and every

12 court appearance where your daughter has appeared here in

13 court have you appeared with her?

14

15

16

A.

Q.

A.

Yes, I have .

And is it your intent to continue to do that?

Definitely. I changed my work schedule to work

17 evenings so I could make every court date to make sure

18 she•s here.

19 Q. In reference to the situation with this continued

20 court provision, would it be your commitment to this Court

21 that if Jennifer were to remain out on bail that you wou ld

22 continue to be present with her at each and every court

23 date?

24 A. Definitely.

000098

1

2

3

Q.

A.

Q.

10

And you would make sure that she was here?

If I could guarantee that in blood I would.

Now, in reference to the rest of her family, her

4 mother and siblings reside here in the Chicagoland area, as

5 well?

6

7

8 area?

9

10

A.

Q.

A.

Q.

Yes, yes.

And she was born and raised in the Chicagoland

That's correct.

In reference to the matter of the finances in

11 reference to this case, is it true that you and Jennifer's

12 mother have helped her raise money in order to hire an

13 attorney, is that correct?

14 A. Yes, we have. We have given everything we have

15 to take care of that, and I have borrowed money from other

16 people that I still owe. Basically we're at--almost at the

17 end of the rope.

18 Q. Now, we have discussed, you and I, the need to

19 have additional sums for hiring of a medical expert, is

20 that correct?

~l A. That's correct, someone to examine the papers,

22 look at the records .

23 Q. And your family is in the process of trying to

24 put that together, is that correct?

000099

1

2

A.

Q.

11

That's correct.

All right. And in light of the having to put

3 together money for attorneys .fees and money for a medical

4 expert, is there any other sums that are available, either

5 yourself, the rest of the family or Jennifer, in order to

6 post additional bail in this case?

7

8

A.

Q.

No, sir, there is not.

Now, in reference to Jennifer's past, has there

9 ever been any other complaints about her in reference to

10 care of children?

11 A. I don't know of any complaints, and in my opinion

12 Jennifer is the nicest person I have ever known.

13

14

15

16

17

18

19

Q.

A.

Q.

A.

Q.

A.

Q.

And she has two children?

She has two young children.

And how would you describe her as a mother?

I think she's fabulous.

And is she very close with her children?

Very close.

Now, at this point she is a single mother, is

20 that correct?

21

/.2

A.

Q.

That's correct.

So , she's raising these children on her own aL

23 this point?

24 A. On her own .

000100

Documents

Transcripts 1 of 3 - Medill Justice Project · 1 things that could account for what the State is suggesting 2 existed here. As far as my client's backround, Judge, she's 3 32 years