1

1 STATE OF ILLINOIS)
) SS:
2 COUNTY OF McHENRY )
3
IN THE TWENTY-SECOND JUDICIAL CIRCUIT
4 MCHENRY COUNTY, ILLINOIS

6 Sharon Ann Meroni, )

Patriot's Heart Media )
7 Network, Inc., et. ai, )
Plaintif"f"s; )
8 )
-vs- ) 09 MR 399
9 McHenry County Grand Jury )
Foreman and Grand Jury )
10 Members, )
Def"endants. )
11
12
Report of" Proceedings had at the
13 hearing of" the above-entitled cause, bef"ore the
Honorable Sharon L. Prather, Judge of" said Court,
14 on the 20th day of" January, 2010.
15 APPEARANCES:
The Honorable Louis A. Bianchi,
16 State's Attorney f"or McHenry County,
By: Mr. Jef"f" Bora,
17 Assistant State's Attorney,
representing the People;
18
Ms. Sharon Ann Meroni,
19 appearing pro se.

20
21

22
Sandra K. Gardner, C.S.R., 084-001984
23 Of"f"icial Court Reporter
2200 North Seminary Avenue
24 Woodstock, I L 60098
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11 :06:58PM 1 THE COURT: Patriot Heart Media.

11 :07:10PM 2 Good morning, Ma'am.

11 :07:10PM 3 MS. MERONI: Good morning, your Honor. How are

11 :07:12PM 4 you today?
11 :07 : 12PM 5 THE COURT: Could you please state your name
11 :07:14PM 6 f"or the record?

11 :07:16PM 7 MS. MERONI: Sharon Ann Meroni.

11 :07 : 18PM 8 MR. BORA: Jef"f" Bora on behalf" of" the people,

11 :07:20PM 9 your Honor.

11 :07:20PM 10 THE COURT: Ms. Meroni, this matter IS bef"ore

11 :07 : 22PM 11 the court this morning on your petition?

11 :07:26PM 12 MS. MERON I : Yes.
11 :07:26PM 13 THE COURT: State has f" i led a response. Are
11 :07:26PM 14 you ready to proceed?
11 :07:30PM 15 MS. MERON I : Yes, this IS my response.
11 :07 : 32PM 16 THE COURT: That IS your response?
11 :07:34PM 17 MS. MERON I : Yes, Ma'am, because the court had

11 :07:36PM 18 asked me to provide detai Is f"or what wanted to

11 :07 : 38PM 19 test i f"y about. And so, unf"ortunate Iy, it took me a

11:07:44PM 20 lot of" hours; but I was able to provide that

11:07:48PM 21 inf"ormation.

11 :07 : 50PM 22 And according to public pol icy,

11 :07:56PM 23 sect i on f"i ve - - one- ten - f"i ve, it says that the

11 :07:56PM 24 f"undamental phi losophy of" the American

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11:07:58PM 1 constitutional rorm or government IS declared to be

11 :08:02PM 2 the publ ic pol icy or the State or I I I inois. And

11 :08:06PM 3 that the -- it continues to say that the law or the

11 :08:10PM 4 court and other agencies

11 :08 : 10PM 5 THE COURT: Ms. Meroni, let me stop you here.

11 :08:12PM 6 just opened your ri Ie here. What you're doing IS

11 :08:16PM 7 ri I ing an amended petition; IS that correct?

11 :08 : 18PM 8 MS. MERONI: Wei I, you know, the -- the court

11 :08:22PM 9 had asked me to be more speciric about what my

11 :08:24PM 10 al legations were. And so I presented this. And

11 :08 : 28PM 11 wasn't sure exactly what to cal I it. So I put that

11 :08:32PM 12 down. But I'd be happy to re name it according to,

11 :08:36PM 13 you know, what it needs to be.

11 :08:36PM 14 But the ract is that -- the question IS do

11 :08:40PM 15 I have surricient evidence that I would I ike ror

11 :08 : 44PM 16 you to consider. And I do. And I would be most

11 :08:46PM 17 appreciative ir you would consider it.

11 :08:48PM 18 And I am a Iso st i I lin conversat i on with

11:08 : 52PM 19 the state's attorney and would I ike him to have an

11 :08:56PM 20 opportunity to consider this inrormation as wei I .

11 :08:58PM 21 THE COURT: Did you provide the state with a

11 :09 : OOPM 22 copy or this amended motion?

11 :09:02PM 23 MS. MERON I: Yes, I just gave it to him now.

11 :09:06PM 24 MR. BORA: Your Honor, Jerr Bora on behalr or

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11 :09:06PM 1 the people. We did receive a prior version or it.

11:09:08PM 2 However, it was uncomp Ieted . We did rece Ive the

11 :09:10PM 3 complete version now.

11 :09:12PM 4 The state's position IS that pursuant to

11 :09 : 14PM 5 the cases cited In my motion, with this

11 :09:18PM 6 inrormation, it doesn't change our standing or our

11 :09:20PM 7 response to the motion ror her to appear berore the

11 :09 : 24PM 8 Grand Jury. Rather, al I this wi I I do IS al low the

11 :09:28PM 9 state's attorney's orrice to determine whether or

11 :09:30PM 10 not they wi I I deem it surricient to investigate the

11 :09 : 32PM 11 matters being brought up by Ms. Meroni, a private

11 :09:36PM 12 citizen.

11 :09:36PM 13 Based upon this, although it IS an

11 :09:38PM 14 extensive ri I ing, the state would not have any

11 :09:40PM 15 objection proceeding on the motion today, as we

11 :09 : 44PM 16 reel that the legal aspects or the motion and the

11 :09:46PM 17 legal basis ror the state's response are not

11 :09:50PM 18 changed by this.

11 :09 : 50PM 19 MS. MERONI: would say that People V.

11 :09:56PM 20 Florendo says that the breath or the Grand Jury's

11 :10:06PM 21 power IS to rerret out criminal investigations.

11 :10 : 08PM 22 And that the case that -- rirst or al I, the

11 :10:12PM 23 prosecutor erred In assuming that I was looking to

11 :10:14PM 24 become appointed ror a special prosecutor. And

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11 :10:18PM 1 I did not wish to be appointed special

11 :10:20PM 2 prosecutor.

11 :10:20PM 3 THE COURT: I understand that, Ms. Meroni.

11 :10:22PM 4 That was pled In your initial motion. You had

11 :10 : 26PM 5 indicated that you are not seeking to prosecute

11 :10:28PM 6 anyone, that you only were seeking to present

11 :10:32PM 7 inrormation to the Grand Jury.

11 :10 : 34PM 8 MS. MERONI: Yes. And as I understand it, your

11 :10:36PM 9 Honor, there were rour ways that we can come berore

11 :10:38PM 10 the Grand Jury. One would be through you. One

11 :10 : 40PM 11 would be through the state's attorney. And two

11 :10:42PM 12 the other two ways are to go -- are through the

11 :10:44PM 13 Grand Jury. In other words, inrormation that they

11 :10:46PM 14 come to on their own and also inrormation that they

11 :10:50PM 15 rind out In the course or an investigation.

11 :10 : 52PM 16 And I do recognize that individual

11 :10:56PM 17 citizens prosecuting other individuals IS

11 :10:58PM 18 problematic, and that the case that the state's

11 :11 : 04PM 19 attorney quoted would reply to -- would respond to

11 : 11 : 06PM 20 individuals.
11 : 11 : 06PM 21 My case IS responding to a constitutional

11 :11 : 08PM 22 Issue and IS asking to proceed with the Grand Jury

11:11:12PM 23 under that regard.

11:11:14PM 24 And I would quote that People V. Door,

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11:11:18PM 1 (Phoen.), on Page 55 says that the broadest scope

11 : 11 : 20PM 2 possible should be al lowed when constituents are

11 :11 :24PM 3 com I ng with reg a rds to const i tut i ona I Issues beTore

11:11:28PM 4 the Grand Jury.

11:11 : 28PM 5 So I'm not really coming to identiTy one

11 : 11 : 30PM 6 spec i f"i c pe rson . I'm coming to identiTy that my

11:11:34PM 7 rights to vote have been compromised.

11 : 11 : 36PM 8 THE COURT: Ms. Meroni, I have had an

11:11:38PM 9 opportunity -- read your motion In its entirety.

11 :11 :42PM 10 The court has read the state's response. The court

11 :11 : 44PM 11 has also did research on its own.

11 :11 :48PM 12 UnTortunately, Ma'am, there IS no

11 : 11 : 50 PM 13 statutory provIsion or case law that authorizes you

11 :11 :56PM 14 to do what you are seeking to do.

11 :11 :58PM 15 Whi Ie it IS true that it IS the duty OT

11 :12 : 02PM 16 the Grand Jury to inquire into oTTenses which come

11 : 12: 06PM 17 to its knowledge, the only procedure Tor doing that

11 :12:10PM 18 IS through the state's attorney's oTTice.

11 :12 : 14PM 19 Your motion IS denied.

11 :12:16PM 20 MS. MERONI: And may I please have permission

11 :12:18PM 21 to represent it aTter I speak with the state's

11 :12 : 22PM 22 attorney?

11 :12:22PM 23 THE COURT: At this time, it IS denied, Ma'am.

11 : 12: 26PM 24 MS. MERONI Does that mean that I can talk to
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11 :12:28PM 1 the state's attorney --

11 : 12: 30PM 2 THE COURT: You certainly can talk to the

11 :12:32PM 3 state's attorney.

11 :12:32PM 4 MS. MERON I : -- and come back I'm a Ii tt Ie

11 :12 : 32PM 5 conTused because nobody read my -- you asked me to

11 :12:34PM 6 prepare - - I mean, litera I I Y spent hundreds OT

11 : 12: 36PM 7 hours --

11 :12 : 38PM 8 THE COURT: I understand that, Ms. Meroni. The

11 : 12: 40PM 9 state has indicated

11 :12:42PM 10 THE PLAINTIFF: I've

11 :12 : 42PM 11 THE COURT: Ma'am, your motion IS denied.

11 :12:44PM 12 There IS no legal basis Tor you to do what you are

11 :12:48PM 13 asking to do. The law does not al low it.
11 :12:52PM 14 MS. MERONI Does it al low me to
11 :12:54PM 15 THE COURT: The only procedure IS through the
11 :12 : 58PM 16 state's attorney's oTTice. The state's attorney's

11 : 13 : OOPM 17 oTTice IS vested with the exclusive authority to

11 :13:04PM 18 decide what cases to prosecute or iT to prosecute
11 :13 : 10PM 19 at a I I .

11 :13:10PM 20 MS. MERONI Are there -- there's also

11 :13:12PM 21 provIsion that al lows the judge to review whether

11 :13 : 16PM 22 or not to appoint a special --

11 :13:18PM 23 THE COURT: There are no Tacts pled In your

11 : 13: 20PM 24 petition which would require what you're asking.
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11 : 13: 26PM 1 MS. MERONI: Yeah, that's why I gave you the

11 : 13: 26PM 2 new petition.

11 :13:28PM 3 THE COURT: Ma'am, your motion IS denied.

11 : 13: 30PM 4 MR. BORA: I'll prepare an order, your Honor.

11 :13 : 32PM 5 Thank you.

11 :13:32PM 6 THE COURT: Please.

11 :13:32PM 7 MS. MERONI: So what do I do with my Tol low-up

11 :13 : 34PM 8 with my response there?

11 : 13: 36PM 9 THE COURT: I t becomes a part OT the court

11 :13:38PM 10 Ti Ie, Ma' am . IT you disagree with the court's

11 : 13 : 40PM 11 order, your option IS to take an appeal to the

11 :13:44PM 12 Second Appel late District In Elgin.
11 : 13: 46PM 13 MS. MERONI: Okay. And how many days do I have
11 :13:48PM 14 to do that?
11 : 13: 50 PM 15 THE COURT: You have thirty days Trom today's

11 : 13 : 50 PM 16 date to Ti Ie a notice OT appeal.

11 : 13: 56 PM 17 MS. MERONI: Okay. And that decision IS made
11 :14:04PM 18 beTore the evidence that I was asked to provide IS
11 :14 : 06PM 19 considered?

11 :14:08PM 20 THE COURT: Ma'am--

11 :14:08PM 21 MS. MERON I: I'm conTused about that, Trank Iy,

11 :14 : 10PM 22 because I really spent a lot OT time doing that.

11 :14:12PM 23 THE COURT: Ma'am, the only thing that the

11 :14:14PM 24 court had prev i ous IY i nd i cated - - you had Ti Ied an

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11 :14:20PM 1 emergency petition. With respect to that emergency

11 :14:24PM 2 petition, the court indicated to you at the time
11 :14:26PM 3 that it was beTore the court that the emergency
11 :14:30PM 4 petition did not plead any speciTic Tactual
11 :14 : 34PM 5 a I I egat ions.
11 :14:36PM 6 MS. MERONI: Right. So then I presented those.

11 :14:40PM 7 THE COURT: And the petition IS now denied.

11 :14 : 42PM 8 MS. MERONI: Even though they weren't read?

11 :14:44PM 9 THE COURT: Correct.

11 :14:46PM 10 MS. MERONI: Okay. What's next then?

11 :14 : 52PM 11 THE COURT: I just indicated to you, Ma'am,

11 :14:52PM 12 what your next option IS. IT you disagree with the
11 :14:56PM 13 court's decision, you have the right to appeal that

11 :15:CXJPM 14 decision to a higher court, which IS the Second

11 :15:06PM 15 Appel late District Court In Elgin. You have thirty

11 :15 : 08PM 16 days Trom today's date to do that.

11 :15:10PM 17 MS. MERONI: Okay. Thank you.

11 :15:12PM 18 THE COURT: Okay. You're welcome.

11 :15 : 14PM 19

20 WHICH WAS AND IS ALL THE EVIDENCE OFFERED

AT THE HEARING OF SAID CAUSE
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1 STATE OF ILLINOIS)
) SS:
2 COUNTY OF MCHENRY )
3
IN THE TWENTY SECOND JUDICIAL CIRCUIT
4 MCHENRY COUNTY, ILLINOIS

6 I, Sandra K. Gardner, an Of"f"icial Court

Reporter f"or the Circuit Court of" McHenry County,
7 Twenty Second Judicial Circuit of" I I I inois, do
hereby certif"y that I reported In shorthand the
8 proceedings had at the hearing in the above-
entitled cause; that I thereaf"ter caused the
9 f"oregoing to be transcribed into typewriting, which
I hereby certif"y to be a true and accurate
10 transcript of" the proceedings had bef"ore the
Honorable Sharon L. Prather, Judge of" said court.
11
12
Sandra K. Gardner, C.S.R.
13 084-001984
Of"f"icial Court Reporter
14
15
Dated this ________ day
16 of" , 20 _____

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