JUSTICE MYERSCOUGH, dissenting. I respectfully dissent. I would reverse the trial court's award of maintenance as an abuse of discretion. Mary Anne was clearly entitled to additional maintenance. She contributed and sacrificed 33 years of her life as wife, mother, and campaign worker. She now has a much lower present and future earning capacity, unmet needs, greater age, lesser physical and emotional capabilities, and lowered standard of living.
************I told you some time ago about Judge Reynard allowing a completely fabricated and fraudulent foreclosure case to go forward against a septuagenarian right? You remember grandmother Donna Gaston on the obviously cooked books authored by National City Bank when they falsified her escrow accounts to foreclose on her? Yep. She had already prevailed by proving that she never missed a payment so they invented a new reason after one attorney basically spit in her face and said "I've never lost a foreclosure... and you're not even an attorney.... it's not over yet."
State v. Beaman Conviction Overturned
Beaman v. Reynard et al. Amended Complaint
Beaman v. Reynard et al. Motion for Reconsideration
The reasoning in Whitlock bears directly on this Court‟s decision as to whether Souk and Reynard should be afforded qualified immunity for their participation in the suppression of exculpatory evidence during the Lockmiller murder investigation, and requires reconsideration of the Court‟s earlier dismissal of the federal due process claim against those prosecutors arising out of that suppression. It is unquestioned that Plaintiff has alleged an adequate due process violation based on Souk‟s and Reynard‟s participation in the concealment of material and exculpatory evidence. In its March 2011 opinion, this Court acknowledged as much, stating that “there appears to be no question or argument that the material withheld, the evidence regarding John Doe, was significant enough such that the government was obligated to turn over the material without a specific request.” 3/3/11 Opinion and Order at 11 But alas, this argument was unpersuasive to the Court and Judge Reynard is left to continue on his way.
And that way is a bad way. Here is an excerpt from the Plaintiff's Amended Complaint:
30. The Defendants concealed from Plaintiff and his defense counsel the fact that their own investigation had confirmed Plaintiff’s alibi and essentially eliminated his opportunity to commit the murder.
31. Plaintiff was videotaped leaving Bell Federal Savings & Loan in Rockford at 10:11:43 a.m. on the day of the murder. Phone records also showed that at 10:37 a.m. that day, a two-minute phone call was placed from Plaintiff’s residence to his church. At 10:39 a.m., a one-minute phone call was placed from Plaintiff’s residence to the home of Mitchell Olson, the church’s director of youth ministries and music.
32. The State’s case against Plaintiff heavily relied upon the theory that Plaintiff did not make the phone calls from his residence on the day of the murder. Plaintiff’s mother, Carol Beaman, testified that when she returned home at approximately 2:16 p.m. that afternoon, Plaintiff was in his room and his car was in the driveway. If Plaintiff made the phone calls at10:37 a.m. and 10:39 a.m., it would have been practically impossible for him to drive the 140 miles to Normal, commit the murder, and drive back to Rockford in time to be home before his mother arrived.
42. During their investigation of the Lockmiller murder in September 1993, Normal Police Detective Tony Daniels and Defendant Hospelhorn conducted two interviews with John Doe. Doe admitted that he was one of Lockmiller’s former boyfriends and that he and Lockmiller had been about to rekindle their romantic relationship just before her death. He said that Lockmiller and her new boyfriend, Michael Swaine, had stopped by Doe’s apartment a few days before the murder. Doe also admitted that he had sold drugs to Lockmiller in the past and that, at the time of her death, Lockmiller owed Doe money for marijuana.
43. Doe appeared to be evasive and very nervous during his interviews with the police. In fact, he initially gave a false alibi for the day of the murder. During his first interview, Doe claimed that he went out of town on August 24, 1993 the day before the murder. At his second interview, Doe admitted that he did not leave his apartment in Bloomington until 4:00 p.m. on August 25. Doe’s girlfriend informed police that on August 25th she was only with Doe from 2:00 p.m. until approximately 4:20 p.m. Doe therefore had no alibi for the suspected time of Lockmiller’s murder.
44. In addition to this evidence, the Defendants were in possession of the following information, which was concealed from Plaintiff and his defense counsel:
(a) On September 30, 1993, Doe submitted to a polygraph examination at the Illinois State Police Bureau of Forensic Sciences in Morton, Illinois. Throughout the course of the examination, Doe did not follow specific directions necessary for the proper completion of a polygraph examination and ultimately informed the polygraph examiner that he was unable to comply. The record of Doe’s polygraph examination is documented in a report authored by Terrence McCann and addressed to Defendant Warner. Tellingly, the report designates Doe as a “suspect.”
(b) In October 1994, Doe was arrested and charged with domestic battery against his girlfriend and possession of marijuana with intent to deliver. Doe’s girlfriend told police that she was the victim of physical abuse on a continual basis and that on that particular day, Doe had pinned her down on the floor and elbowed her repeatedly in the chest.
(c) After his arrest, Doe’s girlfriend filed a petition for order of protection against Doe. She stated that Doe had physically abused her on numerous prior occasions. Additionally, she stated that Doe was taking injections of street steroids, which caused him to act erratically. Plaintiff did not become aware of this additional evidence regarding John Doe until his postconviction proceeding, at which time he promptly alleged that he had been prejudiced by the failure to disclose it.
Take my word on this as a former Assistant State Attorney: A fair prosecutor makes a fair judge, and a dirty prosecutor makes a dirty judge. So nice to know that we've got Judges of such impeccable integrity on the bench, right. Perhaps Hizzoner and his new wife Judith Valente can write a poem about all of this. Incredibly, she is She is a correspondent in Chicago for Religion & Ethics NewsWeekly, a national news show broadcast on PBS stations. She is also a contributing correspondent for National Public Radio and Chicago Public Radio. Anyway here's my try:
There once was a Judge named Reynard;
Who ruled from the bench with ruthless regard;
His whimsy and caprice ran rampant and hard;
Doth sent the spirit of justice to a dank, dark graveyard.
cc: Mr. Jeffrey Urdangen, Ms. Karen L. Daniel, Bluhm Legal Clinic, Northwestern University Chicago, IL.