Professional Documents
Culture Documents
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ior
26
Page 1 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
request of the Court and of the State‟s Attorney, the Petitioner provided a copy to the State‟s
1
Attorney and Judge Prather.
2
While placing the document into the court record, Judge Prather ruled without considering the
3
amended filing.
4
5 Statement of Facts:
6
1. The Circuit Court has the authority to address the petitioner‟s request. „The members of the
7
Grand Jury are under supervisory authority of circuit courts.” (Report of Grand Jury of
8
Marshal County, 438 N.E.2d 1316, Ill.App.3.Dist.,1982).
9
2. The petitioner is desirous of seeing the US Constitution, the Illinois Constitution and the laws
10
of the State of Illinois being upheld. The petitioner asserts she is a victim of voter fraud.
11
3. The petitioner argues that the matters raised in her petition are most extraordinary and
12
13 involving due process and miscarriage of justice. “It is only under most extraordinary
15 justice, that court should exercise supervisory power over grand jury investigation. (Matter of
17 4. The petitioner‟s suit is peculiarly within the public‟s interest and the public‟s right to know”
18 5. On February 3, 2010, the petitioner went before Judge Michael Caldwell on a Motion for a
19 Temporary Restraining Order. During the time the Petitioner was before Judge Caldwell, he
20 informed her that he had used a portion of the 2 hour break from the court processes, to
21 review the full file, including the amended filing. His ruling therefore reflects at least some
24 “In the instant case, however, the nature of the case, the allegations contained in the
pleadings and the relief requested has a unique public interest. The challenge is to the
25 validity of elections and the commission of fraud in relation to those elections. The mere
fact that such a charge has been formally made and that the petitioner has moved forward
26 with it in the public domain is peculiarly within the public‟s interest and the public‟s right
Page 2 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
to know what is occurring in the judicial system that could affect the election system. No
1 more important public question could be raised by such a suit……
2 Continuing, Judge Caldwell found that
3 “The nature of the case and its importance to the public seriously outweigh any personal
considerations that the plaintiff may have regarding access to papers filed.. “
4
6. “The judge of the circuit court may order a special venire to be issued for a grand jury at any
5
time when he is of the opinion that public justice requires it.” (705 ILCS 305/19) (from
6
Ch. 78, par. 19) This issue has already been found to be peculiarly within the public‟s
7
8 interest and the public‟s right to know” and requires an in-depth review of election processes
10 7. The Petitioner was not provided opportunity to have evidence presented in the amended
12 8. The Grand Jury is empowered to hear the petitioner‟s complaint about the theft of her vote.
13 “The Grand Jury has the authority to inquire into and true presentment make of all such
14 matters and things as shall be given in their charge or otherwise come of their knowledge
16 9. The Grand Jury has never been informed of this court action involving them and therefore
17 without due process, denied knowledge touching their service. They are the Defendants.
18 10. Because the petitioner named the Grand Jury in her suit, she sent the 12/06/09 petition
19 through the U.S. Mail via the McHenry County Government Center, addressed to each of the
20 Grand Jury, and fully informed the Court and the States Attorney of her actions so they could
21
serve the grand jury notice of the court proceedings involving them. (12/16/09) The Grand
22
Jury was denied access to these documents until determination at the hearing on 1/20/10.
23
11. Besides the original petition, and a letter, included in each packet mailed to the Sitting Grand
24
Jury, were 30 letters from McHenry County residents who affirmed they are aware of matters
25
related to the original motion and believe it is worthy for the Grand Jury to investigate.
26
Page 3 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
1 12. The Courts have already decided that “grand jury proceedings are not restrained by technical,
2 procedural, and evidentiary rules governing conduct of criminal trials.” People V Pinjoli, 581
3 N.E. 2d 693 Ill App.3.ist., 1991) The petitioner argues the grand jury must be unfettered in
24 act. The petitioner has also made complaint to the court which has jurisdiction to rule on this
25 matter. “A citizen should not be permitted to communicate with a grand jury, but if he
26 possesses any information justifying the accusation of anyone, he should impart the
Page 4 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
1 information to the State‟s attorney, and if the State‟s attorney refuses to act, the citizen can
2 make his complaint to a committing magistrate.” (People v Parker, 30, N>E 2d 11 Ill., 1940)
3 19. In denying the petitioner‟s request without review of the evidence, the Court erred. The court
4 did not consider the evidence presented and therefore no review of the competence of the
5 evidence or of the petitioners claim that she is the victim of a crime. “The Courts inherent
6 power to review proceedings of the grand jury is limited to determining whether there was
7 any competent evidence presented and whether indictment was result of prosecutorial
8 misconduct.” (People v Cora, 606 N.E. 2d 455 Ill. App. 1. Dist., 1992)
9
20. Act 725 ILS 5, Section 112-4 specifically addresses Duties of Grand Jury and the State‟s
10
Attorney. This section does not address other roles of the Grand Jury specifically relating to
11
when the States attorney refuses to act or to inform the jury of information touching their
12
service.
13
21. There is sufficient substance in the Grand Jury Act and in the Grand Jury Handbook referring
14
to this role of addressing matters that touches the grand jury‟s service, authorizing the Court.
15
22. “However, the grand jury possesses broad powers of its own to inquire into crime and
16
corruption in its jurisdiction. It has a right under the law to make its own investigation
17
unaided by the Court and assisted by any prosecuting attorney. On petition signed by the
18
foreperson and eight other grand jurors, showing good cause for some, the Court may appoint
19
an investigator or investigators to assist the grand jury in its inquiries. Included in this power
20
of investigation is the right of the grand jury to subpoena witnesses and documents. While
21
neither the Court nor the prosecutor may limit the scope of a grand jury investigation, you
22
23 should remember that these officials are available for advice and counsel in any investigation
24 of the grand jury may wish to undertake. Ordinarily, the grand jury will not act independently
25 of the Court and the prosecutor. However, if these officials may be concerned in any
26 investigation contemplated by the grand jury, the jury has the right to seek the advice of the
Page 5 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
1 Attorney General.
2 (http://co.mchenry.il.us/departments/courtadmin/PDFDocs/22ndRules10.pdf)
3 23. There is precedence for the grand jury to receive its own US mailed documents without the
4 court‟s interference.
5 24. Legal precedence for the use of a Grand Jury as a government oversight: The petitioner cites
6 precedence of grand juries in the role separate from the courts in section 3.0 of her original
7 petition filed December 2nd, 2009.
8 Although the grand jury normally operates, of course, in the courthouse and other judicial
9
auspices, its institutional relationship with the Judicial Branch has traditionally been, so to
10
speak, at arm‟s length.” (United States v. Williams, 504 U.S. 36 at 48, 1992)
11
25. A few historical Grand Juries involving government oversight from the McHenry County
12
area.
13
20
21
22 Remedy Sought:
23 1. Therefore, permit the mail containing the documents including the court petition, and held by
24 the court be delivered to the grand jury informing them of this action.
25
26
Page 6 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
1 2. Therefore the Court reconsiders the decision of January 20, 2010, and allows the petitioner to
2 testify before the Grand Jury permitting them to decide the merits of her claim, or schedules a
4 3. This petitioner should be permitted to testify before the McHenry County Grand Jury, as is
5 currently, duly and legally in session.
6 4. The Court should use its discretion over the Sitting Grand Jury or appoint a Special Grand
7 Jury, and permit the petitioner to testify before them.
8 5. The Court should award other relief in law and equity as they deem proper and as held forth
9
in the U.S. and Illinois Constitutions.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 7 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather
VERIFICATION OF CLAIMS
1
The Statements and Claims made herein are the statements and claims of the petitioner‟s
2 and those statements incorporated herein of others as part of the public record concerning these
3 matter. On oath and subject to the laws of perjury, the undersigned petitioner affirm and assert
that the preceding allegations and factual statements, including those factual statements alleged
4 on information and belief are true to the best of her knowledge, and that she has asserted these
claims, being legally competent to testify to these matters, and having acted voluntarily without
5 promise of payment or by threat; in good faith and based upon her understanding of the United
States Constitution and the Illinois Constitution, and the duly enacted laws which spring there
6 under.
9 ________________________________
10 XXXXXX XXX XXXXXX (AKA Chalice Jackson)
AND FOUNDER OF PATRIOT‟S HEART MEDIA NETWORK,
11 IT‟S DULY AUTHORIZED REPRESENTATIVE,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 8 – PETITION – MOTION TO RECONSIDER January 20, 2010 Decision by Judge Prather