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STATE OF ILLINOIS) ) COUNTY OF McHENRY )
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IN THE TWENTY-SECOND JUDICIAL CIRCUIT MCHENRY COUNTY, ILLINOIS
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Sharon Ann Meroni, Patriot's Heart Media Network, Inc., et. ai, Plaintif"f"s; -vsMcHenry County Grand Jury Foreman and Grand Jury Members, Def"endants.
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) ) ) ) ) ) ) ) ) )
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Report of" Proceedings had at the hearing of" the above-entitled cause, bef"ore the Honorable Sharon L. Prather, Judge of" said Court, on the 20th day of" January, 2010. APPEARANCES: The Honorable Louis A. Bianchi, State's Attorney f"or McHenry County, By: Mr. Jef"f" Bora, Assistant State's Attorney, representing the People; Ms. Sharon Ann Meroni, appearing pro se.
Sandra K. Gardner, C.S.R., 084-001984 Of"f"icial Court Reporter 2200 North Seminary Avenue Woodstock, I L 60098
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THE COURT:
Patriot Heart Media.
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Good morning, Ma'am. MS. MERONI: you today? THE COURT: f"or the record? MS. MERONI: MR. BORA: your Honor. THE COURT: Ms. Meroni, this matter
IS
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Good morning, your Honor.
How are
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Could you please state your name
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Sharon Ann Meroni. Jef"f" Bora on behalf" of" the people,
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bef"ore
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the court this morning on your petition? MS. MERON I : THE COURT: Yes. State has f" i led a response. Are
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you ready to proceed? MS. MERON I : THE COURT: MS. MERON I : Yes, this That
IS IS
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my response.
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your response?
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Yes, Ma'am, because the court had wanted to it took me a
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asked me to provide detai Is f"or what test i f"y about. And so, unf"ortunate Iy,
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lot of" hours; but I was able to provide that inf"ormation. And according to public pol icy, sect i on f"i ve - - one- ten - f"i ve, it says that the
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f"undamental phi losophy of" the American
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constitutional rorm or government
IS
declared to be And
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the publ ic pol icy or the State or I I I inois.
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that the -- it continues to say that the law or the court and other agencies THE COURT: Ms. Meroni, let me stop you here. What you're doing that correct?
IS
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just opened your ri Ie here. ri I ing an amended petition; MS. MERONI:
IS
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Wei I, you know, the -- the court
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had asked me to be more speciric about what my al legations were. And so I presented this. And
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wasn't sure exactly what to cal I it. down.
So I put that
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But I'd be happy to re name it according to,
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you know, what it needs to be. But the ract is that -- the question
IS
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do
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I have surricient evidence that I would I ike ror you to consider. And I do. And I would be most
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appreciative ir you would consider it. And I am a Iso st i I lin conversat i on with the state's attorney and would I ike him to have an opportunity to consider this inrormation as wei I . THE COURT: Did you provide the state with a
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copy or this amended motion? MS. MERON I: MR. BORA: Yes, I just gave it to him now.
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Your Honor, Jerr Bora on behalr or
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the people. However,
We did receive a prior version or it. We did rece Ive the
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it was uncomp Ieted .
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complete version now. The state's position IS that pursuant to the cases cited In my motion, with this inrormation, it doesn't change our standing or our
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response to the motion ror her to appear berore the Grand Jury. Rather, al I this wi I I do IS al low the
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state's attorney's orrice to determine whether or not they wi I I deem it surricient to investigate the matters being brought up by Ms. Meroni, a private citizen. Based upon this, although it IS an extensive ri I ing, the state would not have any objection proceeding on the motion today, as we reel that the legal aspects or the motion and the legal basis ror the state's response are not changed by this. MS. MERONI: would say that People V.
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Florendo says that the breath or the Grand Jury's power IS to rerret out criminal investigations.
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And that the case that -- rirst or al I, the prosecutor erred In assuming that I was looking to become appointed ror a special prosecutor. And
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I did not wish to be appointed special prosecutor. THE COURT: I understand that, Ms. Meroni. You had
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That was pled In your initial motion.
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indicated that you are not seeking to prosecute anyone, that you only were seeking to present inrormation to the Grand Jury. MS. MERONI: Yes. And as I understand it, your
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Honor, there were rour ways that we can come berore the Grand Jury. One would be through you. One
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would be through the state's attorney.
And two
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the other two ways are to go -- are through the Grand Jury. In other words, inrormation that they
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come to on their own and also inrormation that they rind out In the course or an investigation. And I do recognize that individual citizens prosecuting other individuals IS problematic, and that the case that the state's attorney quoted would reply to -- would respond to individuals. My case IS responding to a constitutional Issue and IS asking to proceed with the Grand Jury under that regard. And I would quote that People V. Door,
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(Phoen.), on Page 55 says that the broadest scope possible should be al lowed when constituents are com I ng with reg a rds to const i tut i ona I Issues beTore the Grand Jury. So I'm not really coming to identiTy one spec i f"i c pe rson . I'm coming to identiTy that my
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rights to vote have been compromised. THE COURT: opportunity -Ms. Meroni, I have had an
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read your motion In its entirety. The court
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The court has read the state's response. has also did research on its own. UnTortunately, Ma'am, there IS no
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statutory provIsion or case law that authorizes you to do what you are seeking to do. Whi Ie it IS true that it IS the duty OT the Grand Jury to inquire into oTTenses which come to its knowledge, the only procedure Tor doing that IS through the state's attorney's oTTice. Your motion IS denied. MS. MERONI: And may I please have permission
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to represent it aTter I speak with the state's attorney? THE COURT: MS. MERONI At this time, it IS denied, Ma'am.
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Does that mean that I can talk to
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the state's attorney -THE COURT: state's attorney. MS. MERON I : -- and come back I'm a Ii tt Ie You certainly can talk to the
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conTused because nobody read my -- you asked me to prepare - - I mean, hours -THE COURT: I understand that, Ms. Meroni. The litera I I Y spent hundreds OT
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state has indicated THE PLAINTIFF: THE COURT: I've
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Ma'am, your motion IS denied.
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There IS no legal basis Tor you to do what you are asking to do. MS. MERONI THE COURT: The law does not al low it. Does it al low me to The only procedure IS through the The state's attorney's
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state's attorney's oTTice.
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oTTice IS vested with the exclusive authority to decide what cases to prosecute or iT to prosecute at a I I . MS. MERONI Are there -- there's also
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provIsion that al lows the judge to review whether or not to appoint a special -THE COURT: There are no Tacts pled In your
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petition which would require what you're asking.
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MS. MERONI: new petition. THE COURT: MR. BORA: Thank you. THE COURT: MS. MERONI:
Yeah, that's why I gave you the
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Ma'am, your motion IS denied. I'll prepare an order, your Honor.
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Please. So what do I do with my Tol low-up
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with my response there? THE COURT:
Ti Ie, Ma' am .
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I t becomes a part OT the court IT you disagree with the court's
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order, your option IS to take an appeal to the Second Appel late District In Elgin. MS. MERONI: to do that? THE COURT: You have thirty days Trom today's Okay. And how many days do I have
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date to Ti Ie a notice OT appeal. MS. MERONI: Okay. And that decision IS made
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beTore the evidence that I was asked to provide IS considered? THE COURT: MS. MERON I: Ma'am-I'm conTused about that, Trank Iy,
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because I really spent a lot OT time doing that. THE COURT: Ma'am, the only thing that the
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court had prev i ous IY i nd i cated - - you had Ti Ied an
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emergency petition.
With respect to that emergency
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petition, the court indicated to you at the time that it was beTore the court that the emergency petition did not plead any speciTic Tactual a I I egat ions. MS. MERONI: THE COURT: MS. MERONI: THE COURT: MS. MERONI: THE COURT: Right. So then I presented those.
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And the petition IS now denied. Even though they weren't read? Correct. Okay. What's next then?
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I just indicated to you, Ma'am, IT you disagree with the
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what your next option IS.
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court's decision, you have the right to appeal that decision to a higher court, which IS the Second Appel late District Court In Elgin. days Trom today's date to do that. MS. MERONI: THE COURT: Okay. Okay. Thank you. You're welcome. You have thirty
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WHICH WAS AND IS ALL THE EVIDENCE OFFERED AT THE HEARING OF SAID CAUSE
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STATE OF ILLINOIS) ) COUNTY OF MCHENRY )
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IN THE TWENTY SECOND JUDICIAL CIRCUIT MCHENRY COUNTY, ILLINOIS
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I, Sandra K. Gardner, an Of"f"icial Court Reporter f"or the Circuit Court of" McHenry County, Twenty Second Judicial Circuit of" I I I inois, do hereby certif"y that I reported In shorthand the proceedings had at the hearing in the aboveentitled cause; that I thereaf"ter caused the f"oregoing to be transcribed into typewriting, which I hereby certif"y to be a true and accurate transcript of" the proceedings had bef"ore the Honorable Sharon L. Prather, Judge of" said court.
Sandra K. Gardner, C.S.R. 084-001984 Of"f"icial Court Reporter
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Dated this ________ day of" , 20 _____
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