A TTORNEY NO.

1 0295

IN THE CIRCUIT COURT OF COOK COUNTY, ILIJN COUNTY DEPARTMENT, CRIMINAL DIVISION

People of the State of Illinois,

Respondent,

78 C

v.

Anthony Mclcinney,

Petitioner

Northwestern University,

Third-Party-Respondent.

THE PEOPIJE'S SUPPIJEMENTAL RESPONSE TO THE MOTION TO QUASH FIlJED BY THIRD-PARTY RESPONDENT NORTH\VESTERN UNIVERSITY

or

to

on

he IS

innocent

to overturn

most serious

an

to examme not

circumstances

manner m

to

to

m

to

an

ARGUMENT

a I account

to

on a

to

manner In

it

a

IS

In

In

mnocence.

in

to

to ensure

it

's

m

to

a

The

news

m

It

IlL

to

in

review to

as

and are

L GOOD CAUSE EXISTS FOR THE SUBMISSION OF THE REQUESTED MATERIALS 'WHERE CONFLICTING STATEMENTS GIVE RISE TO REASONABLE AND SIGNIFICANT CREDIBILTYISSUES AFFECTING THE RELIABII~ITV OFTHEFACTS PRESENTED AND WHERE SUCII MATERIALS ARE RELEVANT AS TO BIAS, INTEREST AND MOTIVE.

in

are not

to

. .

111 camera review

was

circumstances

nOI1-

certain

testi to m
interviews to
a
to not

or to overturn

to

had

cause to issue

to

interviews arc

to

interest

cause exists

An

111

to

to

A. Tony Drakes' Statements,

two men

at

man,

statement to

statement:

•

user, states

•

•

•

•

•

•

•

•

a

amount

was

•

10

to

•

to

•

to a

next to

•

and

to

•

to

to a

•

•

as or

•

me to

•

to

•

•

•

statement

if

to

more,

cocaine.

statement

an

an

B. The Cab Driver's Business Records Confirm Drakes Was Given Money, Not Used for Cab Fare.

as

•
•
• p.m on
•
•

•
•
•
•

•
• •

to

in

area;

•

cocaine;

•

•

• wrote m Detective gave me 60-

Told me to give him 40 ... gave me 60 ... gave him change;"

•

•

•

money.

In

to

Francis Drakes' Conflicting Statements .

•

•

• on
• on two
• it
•
•
• to
• the murder
•
•
•
•
•
•
•
•
•
•
•
• at 11

came

on

m

name

a man

•

no

•

•

not

to

D. The Students Interviewed Michael Lane But Did Not Tender Any Notes, Statements Or Reports.

circumstances

•

IS

•

on

accounts

•

•

•

to

•

•

•

•

to $1

not

or

•

out

•

it that

was

to

•

•

to

a

•

rumor

•

m

•

•

to

to

carne at

•

twice

no

m

same event

H. THE REQUEST FOR COURS.: MATERIALS IS BASED UPON GOOD CAUSE AND MADE IN GOOD FAITH WHERE THE CLASS MATERIALS ARE RELEVANT TO KEY ISSUES INCLUDING BIAS, MOTIVE AND INTEREST AND \VILL BE VIE\VED IN CAiUERA B.:FORE DISCLOSURE TO THE PEOPLE.

A. The Subpoenaed Material Is Relevant To The Adjudication Of Mclvinney's PostConviction Petition.

called

A

on

not

tests or term

not even meet

to

assume

to

all

notes memos,

statements are

at

It

It

the

mnocence

IS, to P,,""",P" statement

sure, a

a

a

an inmate m

are

about

are

certain

courtroom.

119 III

at

in camera

or

interests.

are

as

or

interest 10

same manner as

In sum,

course

on

to

of

m

B. Good Cause Has Been Shown For Materials Requested.

a

to

In

H1

matters

v.

innocence, a

must

means

H or

to

a

an 1

At

lS

innocent

it IS

two

a statement

on

statements

severe

Issues

•

•

•

issues

IS

111. TilE SCIIOOL \VAS NOT ENGAGED IN NE\VSGATIIERING BUT \VAS INVESTIGATING TO CREATE EVIDENCE FOR COURT. THE PRIVILEGE IS INAPPLICALE TO PRIVATE CRIMINAL INVESTIGATIONS AND THE SCHOOL DOES NOT MEET TilE REQUISITE STATUTORY DEFINITIONS IN THIS CASE.

or

on

wrote about

this

lS

was to

news.

to

In

or

is not a

at to

A. Purpose of the Privilege.

to

In

a

case.

statute i to

is to assure access to
v,

IlL (l

assures a it

it 1S to

, 1

Raphael, on a

is intended to
sources. or non-con
HI.
is not or

Team no on meets a B. The School Does Not Meet The Statutory Definition of "Reporter."

assert

it

to

statute

a

to

must regularly engaged in the business

of makiug news and this engagement mnst result in the publication of news through a news

medium).

intent to

on

purpose

It is

no

were

or

no stories were

must

a

at

or

not

a

on

not.

was not as a at
not not or
IS a not

In
wrote stones were
to was,

IS

as

none

notes

not

IS

IS a

reasons. It is

not a

to

on

team were

even

m

now

did not

a

mto

limited,

that it

or

In

news

a

news

case

were

that

not

IS

D.

Federal Cases Support The State's Position That The Team Does Not Fall Within The Definition Of Reporter.

not

a

courts

v.

But

an inmate

as

E. Even If The Reporter's Privilege Applies, The School Has Waived It.

to

(l

a matter to a

to

to

to extent

any

to

case.

IV. KEY \VITNESS INTERVIE\V l\IATERIALS HAVE BEEN Il\IPROPERLY \VITHHELD PRECLUDING A FULL, FAIR EXAMINATION OF CRUCIAL EVIDENCE.

interview

an innocent man is

m

a

or

the

a

the case

a

were

or

refuted or did not

and

This is true even

same people may

statement.

It IS

to

me

all. a

filed in court must

in

and in

Rule 1

•

•

•

interviews

•

met at a

•

•

notes

at

a

on

not

memos or

even

•

•

at

•

met

•

at a restaurant

•

notes at

•

•

are

to

course

the

court

of

V. FERPA IS NOT AN EVIDENTIARY RULE OR PRIVILEGE AND ANY GRADES REeVED \VILL BE VIE\VED IN CAllcfERA BEFORE DISSEMINA TION.

measures. It

not

even

IS not

in

to publish them or use

are

and

interest

to

to

or interest.

[ J

If

IS

that

the

file a

tn

to

EXHIBIT A

OFFICE OF THE STATE'S ATTORNEY COOK COUNTY, ILLINOIS

INVESTIGATIVE REPORT

CONTROL NO: REPORTING DATE (S): PREPARED BY SYNOPSIS OF REPORT:
08PC-I049 INVESTIGATOR:
CASE NO: 18 September 2008 Brannigan #334 Interview Defense Witness
78C-6257 Date of Assignment:

16 September 2008

Assignment:

Interview Defense 'Witness

Subject Information:

DRAKES, Anthony MlB/49yrs. 29 Nov 58

SS# 321-54-5782, IR# 482479, SID# IL15662170 Currently Resident of Illinois Department of Corrections (IDOC)-Pinckneyville, IDOC# N-81391

Assigned Personnel:

Brannigan #334

Investigation: Antbony McKINNEY was convicted for the 1978 murder of Donald LUNDAHL. LUNDAHL was sitting in his car parked at 153rd and Lexington in Harvey, Illinois when he was shot at close range with a shotgun and killed.

Students from the Northwestern School of Journalism presented a video interview with Anthony DRAKES stating that he (DRAKES) was present when LUNDAHL was murdered and Anthony McKINNEY was not the shooter and was not on the scene. In the video interview DR;\KES stated that the shooter was a Robert MAGROODER

On September 18,2008, at approximately 11 :05 AM Reporting Investigator (RlI), Assistant

Attorney (ASA) Stack and ASA Cook met with DR;\KES in interview room at

DRAKES was advised thatRzI, Stack and

DRAKES

08PC-I049 78C-62S7

and LANE were questioned, but said LANE mentioned it more than once. He said the word on the street was that Tony McKINNEY and someone named WEAVER committed the murder. He stated that Tony McKINNEY was bad news around town and always fighting. He added that Tony and Michael McKINNEY were Stones or Vice Lords and he and his friends were Disciples. DRAKES said there was always tension between the gangs. He went on to say that some time after the murder, he was unsure how long but knew it was not years, he remembered being outside of a bar in the Dixmoor area around 147tb and Wood with his friend Michael PITTMAN and they encountered Michael McKINNEY who was with two other individuals. DRAKES stated that Michael McKINNEY said something to the effect that he (DRAKES) knew he did it, meaning the murder, and was just going to have to confess to the police that he did it. One of Michael McKINNEY'S associate pulled what DRAKES thought to be a .38 caliber nickel-plated revolver to threatened him. At this time DRAKE'S friend PITTMAN pulled a gun and backed Michael McKINNEY and his associates off. DRAKES said this incident did not occur at the Skins lounge, but he could not remember the name of the bar. DRAKES stated that this is where and when he thought all the business about him committing/witnessing the murder started. He said all of this, meaning the videos and interviews of people by the Northwestern students, would have to be Michael McKINNEY'S doing.

RII asked DRAKES what he personally knew about the shooting and he replied that he only knew he was not there and did not see anything. He said that when the students came around looking to interview him he thought he would play the "money game." DRAKES was asked to explain, and he said he decided to tell them the "story" they wanted to hear for money. He was asked what "story" did the students want to hear. DRAKES replied that they wanted him to tell them Tony McKINNEY did not shoot the guy and he knew it because he was out there when the murder happened. DRAKES was asked how he knew what the students wanted him to say, and he stated that he knew what the students wanted to hear because over the years he heard they (students) were asking around and talking to people about the him and the murder. He said they also talked to him about the case and showed him videos of other people they interviewed about the murder when he met with them. DRAKES then said again that he didn't do it, referring to the murder, and was not present when it happened.

DR~KES was asked to explain the circumstances surrounding the interview with the students from Northwestern. DR~KES said initially the students went to his mother's house in O'Fallon, Illinois looking for him. He said he later learned the students had an with them. He

~ .. £u ...... that he was on the his mother or called him when the students showed

mother told the students

near

restaurant near his resruence. that he decided to "play

one He

2 4

08PC-I049 78C-6257

also had a male named "Sergio" with them who he believed to be their investigator. He recalled that "Sergio" had a gun and a camera. He went on to say that they gave him money, alcohol and cigarettes and he gave them "the story they wanted." RII asked DRAKES who gave him money at the Wendy's, and he replied that the students did not give him money at the Wendy's. He said that he asked for money while they were at the Wendy's and the students told him they could not give him money for an interview. DRAKES said he then told the students that he would not give them an interview. He told them he was going to leave but then they all went to a nearby Jack-inthe Box restaurant. Here they bought him a hamburger and a cup of coffee. They again talked about the case and him getting money. DRAKES said he eventually agreed to give them a video interview and they decided to do it in a park near the local police station. They stopped at the Motor-Mart and DRAKES said "Sergio" gave him a ten dollar bill for two Budweiser beers and cigarettes. He thought this transaction was caught on the store videotape. He said he then gave them the interview in order to get money. DRAKES said he was on crack cocaine at the time and that is what "motivated" him, as he needed money for crack. He said the students from Northwestern "were desperate for a story" and that is what motivated them. DRAKES was asked if he told the students he was on crack or doing drugs and he stated that he did not specifically tell them he was on crack, but said they had to know he was on something. RfI asked DRAKES how much money the students gave him and he said he was paid $100.00 for the interview. He was asked who gave him the money and he said the students did not give him the money directly, but called a cab from Bellville and gave the cab driver $100.00 to take him home. He said he lived a short distance away and got out of the cab after a block or two and took almost all the money from the cab driver. At this point DRAKES stated he would take a polygraph or any kind of test to show he was telling the truth about the money, the murder and anything else about the case.

DRAKES was next asked if he ever had a conversation with Michael McKINNEY at the Skins lounge regarding Tony McKINNEY not being the shooter of LUNDAHL. DRAKES said he did not recall ever going to the Skins lounge as rival gang members usually hung out there, and never told Michael McKINNEY that his brother Tony McKINNEY did not shoot and kill LUNDAHL. DRAKES said he was aware that he (DRAKES) has been accused of telling Michael McKINNEY that he knew Tony McKINNEY did not commit the murder. He described it as "some kind of crazy story." DRAKES was advised that people said they were present at the Skins lounge when he had conversations with Michael McKINNEY regarding Tony McKINNEY not being the shooter in the LUNDAHL murder. He said those people would all be friends of Michael

McKINNEY and were DRAKES was confronted with the fact that several people signed

at the and heard the aforementioned

ever

other time about the murder. DRAKES

eccastons by he

3 4

08PC-I049 78C-62S7

or for the students. He thought the first interview was in 2007 while he was in Menard and he thought the second interview was some time later after he was released from Menard, but incarcerated in the St. Claire County Jail-Illinois. He thought the first interview was conducted by the female and he told her about the students giving him money. DRAKES said while in the St. Claire County Jail he also told the male investigator about the students giving him money. DRAKES commented that the male investigator appeared surprised when he told him about the students giving him money. DRAKES stated that he told the male investigator the students were "manipulative." He went on to say that he was not sure if in either interview he told the investigator that being on drugs and needing money for drugs is what motivated him to give the "story." DRAKES could not remember if in either interview he reviewed a transcript of the earlier student interview or told either investigator the transcript of the interview was a lie, but in botb interviews he said he told the investigator that he just gave the students a "story" and it was not true. He stated that the students seemed to be the focus of both investigators and he again said he told both of them that he made up the "story" for money.

ASA Stack read to DRAKES' that portion of the transcript of his video interview which stated in essence that he was present with others when LUNDHL was shot and killed, and neither Anthony or Michael McKINNEY were among those present. ASA Stack then asked DRAKES if that statement was true and accurate. DRAKES said it was not true, it was just his "story."

ASA Stack read to DRAKES a portion of the transcript of his video interview that stated in essence he was present, about fifteen feet away, and witnessed a Roger MAGRODDER shoot the victim. ASA Stack asked DRAKES if that statement was true and accurate. DRAKES said it was not true.

At this point ASA Stack advised DRAKES he might be called to testify and he replied that he had no problem testifying. He was asked if there was anything else about the case he might remember. He recalled that after the murder, possibly 1978, he was in Cook County Jail with Tony McKINNEY but they never talked about the murder. DRAKES also remarked that on one of the videos the students showed him an individual who spoke about DRAKES and knowing him

(DRAKES). DRAKES was sure that he never met the individual and had no idea who he

could be. He went on to that Darnell FEARANCE was very "tight", meaning close, with

Michael McKINNEY. DRAKES was asked if he would make himself available for an additional

interview if it were

and be replied tbat be would. At this time the interview was ended.

SUPERVISORY

4 4

EXHIBIT B

EXHIBIT C

)

AFFIDAVIT OF FRANCIS DRAKE

I,

sworn,

on

are true to

L

I

on

I am years

I am

an inmate

m

v.

A

at

at

on I

and

want to

more.

my

my

RT MAt{ON ~~

f: D·

Lane

10.

I never

my

mem

11.

am

statement my own

not

m

EXHIBIT D

Cook County State's Attorney's Office Investigations Bureau

INVESTIGATIVE REPORT

01

Investigator tiranJru~:an then asked Francis Drakes if he would answer some

McKinney case. Francis told he

no pr~JlIIlS(;S IDOC sentence.

uesnons about the Anthony JJL,'UHlLlJ";,dH then told

was

Investigator D. Brannigan asked FranCIS Drakes if he told the students that Anthony ~L"U"'," confessed to

murder of Donald Lundahl. . told sounds the ,. Francis told

'-"lJf;""VJL" that he told the around to talk with him had nouunz

R/I photographs.

R/I

to initial the

3,

R/I

m the

PERSONAL INFORMATION:

Name:

DOB:

IDOC#:

SID#:

OFFICE OF THE STATE'S ATTORNEY COOK COUNTY, ILLINOIS

INVESTIGATIVE REPORT

CONTROL NO: REPORTING DATE (S): PREPARED BY SYNOPSIS OF REPORT:
INVESTIGATOR:
CASE NO:
78C-5267 28 April 2009 Brannigan #334 Interview
- Date of Assignment:

28 April 2009

Assignment:

Inmate Interview

Subject Information:

DRAKES, Francis M/B/38 yrs. 12Jun70 IDOC# N-81387, IR# 1449147

SS# 347-64-0045, SID# IL2571390 Currently residing at Pinckneyville - IDOC

Assigned Personnel: Brannigan #334 & Paoletti #435

Investigation: Anthony McKLI\lNEY was convicted for the 1978 shotgun

murder of Donald LUNDAHL.

Students from the Northwestern School of Journalism interviewed Francis DRAKES regarding his knowledge of the LUNDAHL murder. In essence Francis DRAKES advised the students, among other things, that he was present when his cousin Tony DRAKES admitted to the murder.

78C-S267

In summary DRAKES was shown the affidavit and he reviewed it; he read the first paragraph out loud. He acknowledged that it was his signature on the last page but said he did not remember signing the document. Paragraph #6 was pointed out to DRAKES and he was asked if it was accurate and he replied that it was "hullshit", He said the whole affidavit was "bullshit" he made up and told the students.

Inv. Paoletti pointed out apparent corrections in paragraph #9 to DRAKES, and asked him if he recalled making the corrections. DRAKES stated he did not make the corrections and the corrections were not in his handwriting. He added that the initials "FD" indicating approval of the changes were also not his handwriting. DRAKES said he makes the letter "F" backwards when signing his name or making his initials.

The notary of the affidavit is a Larry B. Taylor. DRAKES said he did not recall ever being visited by any male regarding the affidavit, and again said he could not remember previously seeing or signing the affidavit. DRAKES was asked if he would be available for an additional interview if necessary and he replied that he would. At this point the interview was ended.

EXHIBIT E

Cook County State's Attorney's Office Investigations Bureau

'/

INVESTIGATIVE REPORT

-~--::-:---'-"'---'" -- ---..-:-----

FILEICONTROL#: DOCKET#: REPORT#:

LANE, Michael SUBJECT:

Witness Interview

June 2009

DA TE DR.AFTED:

22 June 2009

Brannigan #334

SYNOPSIS OF REPORT

PERIOD COVERED

Assignment:

Witness Interview

Subject Information:

LANE, Michael A M/B/51 yrs. 90et58

IR# 1408700, SID# IL 17168790, FBI# 374598P9 SS# 349-56-8426

Date of Interview:

22 June 2009

Brannigan #334 & Paoletti

Investigation:

LUNDAHL that

Anthony McKINNEY was convicted for the 1978 shotgun murder of Donald

in Illinois,

Students from the Northwestern School of Journalism submitted a video from Anthony DRAKES in which

DRAKES said, among things, that and were when LUNDAHL was

and McKINNEY was not the one who shot him.

June

in

After dialing a number WOLFE gave !nv.

LANE LANE meet

the

interview regarding the Anthony McKINNEY case.

by all him

explain and LANE said that he did not want to meet with anyone about Anthony McKINNEY. He went on

that not

said Northwestern and the investigator told him he would not hear from anyone again about this case. LANE

Cook County State's Attorney's Office Investigations Bureau

INVESTIGATIVE REPORT

was

with him person. would

Attorney's Office could not provide for an interview.

"they" me money. LANE was whom he was referring

him. LANE replied that the Northwestern students him a vUUllJlC:;

unlikely the students him a couple of hundred dollars.

him money. RII to meet with LANE in at his

did not want R/I coming to his would not

he resided in Wisconsin. He agreed to meet RII in Wisconsin for money

saying he was driving a Denali it was costly to operate. RII ",,,r,DDn to him $10.00 for

At approximately 2:30 PM Reporting

Washington 30th Street in

not provide his name was in the

the Cook County

(Rlls) met LANE in the station at

unidentified male black in his who

seat of LANE'S truck. LANE was advised that Rlls

In summary LANE related that two to three unsure if they were journalism

of people trying to him an

students told them they were U.S. Marshals. He thought

met with. He them as a white student, a

white students. He said the were on to him."

that like they were

knew it was all an

Cook County State's Attorney's Office

INVESTIGATIVE REPORT

on to

McKINNEY was LUNDAHL

not

to

EXHIBIT F

Cook County State's Attorney's Office Investigations Bureau

INVESTIGATIVE REPORT

01

December 30 2008

35

In 1978

Donald Lnndahl. he was

m

car

L"UU~'U"h This interview took P''''''''''r,'~c away from his residence.

themselves to Robert McGruder

about

IS a summary of that mterview.

Robert Robert McGruder also told

sngators that neither he or his brother

U?:.,HVL" that he knew that Drakes has told

Robert McGruder how he knew that that

Drakes told

told

nor was he karate club.

approximatetv three to four occasions, after he was nnp"~Ir.n and

the

cKmTlev's home on mc:ill<:atlontoconttolhls did not take

become violent.

Name:

DOB:

Robert McGruder

323521986

IL