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NOTICE II IN RESPONSE TO PROSECUTION'S MOTION TO ADVANCE CASE
AND A REQUEST FOR TELEPHONE CONFERENCES
NOW COMES the defendant, Gale A., by pro se, and notes that:
- She will not be appearing on May 12, 2000 per the Prosecution's Notice and Motion to Advance the case as this presents a hardship for the defendant and she was given by the Prosecution insufficient and defective service on the motion according to Cook County Circuit Court Rule 2.1(c) which requires two court days upon hand service unless said motion is classified as an emergency and said motion was not so classified.
- She discussed with Assistant State's Attorney Jeremy Brenman by telephone on May 11, 2000 the specifics of what this motion to advance is about wherein she indicated that she would come to court if she could and wherein she came to understand that her subpoenas will be judged at a hearing at this time about which ones can stand and that Judge O'Malley is not available for trial the week of May 15, 2000 should the trial go into more than one day.
- Since this discussion as mentioned in paragraph 2, she has been unable to clear her schedule on such short notice in order to appear nor to have the time to prepare her showing to the Court that her testimony sought through all her witnesses, including through her witnesses as according to the Special Witness Doctrine, is material and favorable to her defense and why denial of any particular witness would establish a violation of the Sixth Amendment's compulsory process guarantees.
- She agrees to the vacating of the Order setting the trial date for May 15, 2000 and is not ready to agree on a determination of a new trial date at this time due to the fact that information relevant to her defense that she has requested through Freedom of Information Acts has not arrived even though various agencies have had more than their seven days as recommended under law nor has she even heard from a single Court Reporter though she has placed an order for all Preliminary Trial transcripts in this case involving seven (7) different Court Reporters, transcripts with material relevant to her defense.
- She requests permission to wait to set a new date for trial until after she has all the materials requested in paragraph 4 in hand before agreeing to a new trial date.
- She agrees to notify all of her witnesses as possible that the trial date has been continued and that they will get advance notice of the new trial date.
- She requests that everyone she has subpoenaed remain under command to testify until after a fair and impartial hearing regarding the standing of her subpoenas and that her subpoenas not be withdrawn or vacated by the State or the Court until such hearing.
8. She has been to Court on this case 11 times and on a 12th visit, suffered an illegal incarceration due to this case while in court simply to observe proceedings; additionally, she is attempting to find and have a new job, a process effected by this case and wherein once in a new job, absences for Court appearances will start her off on the wrong foot and therefore requests that future pretrial hearings on motions, witnesses and/or other issues be handled by telephone conferences as allowed by Illinois Supreme Court Rule 185 so that the next time the defendant has to appear in court is for the start of actual trial and jury selection.
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Defendant, Pro Se
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