No. 114852

IN THE

SUPREME COURT OF ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS, ) ) ) ) ) ) ) ) ) )

Appeal from the Circuit Court of Cook County, Illinois

Plaintiff-Appellant,

v. Cir. Ct. No. 1 OCR-8092

ANNABEL MELONGO, Honorable Steven J. Goebel, Judge Presiding Defendant-Appellee.

MOTION FOR AN EXTENSION OF TIME TO FILE THE REPLY BRIEF AND ARGUMENT OF PLAINTIFF-APPELLANT

The People~of the-State- ofiHinois; -by their Attorney;-AN!-t-A- AcVARE_Z, State's-Attorney of Cook

County, Illinois, through ALAN J. SPELLBERG, Assistant State's Attorney, pursuant to the provisions of

Supreme Court Rule 343(c), ask this Honorable Court for an ext~nsion of time, to and including Januar; 3,

2014, for the filing of the Reply Brief and Argument for the Plaintiff-Appellant. The People submit the

following in support of their Motion.

1. Defendant was charged with six counts of eavesdropping under

indictment no. 10 CR-8092

2. On December 13,2010, Judge Mary Margaret Brosnahan denied

defendant's motion to declare the Illinois Eavesdropping Statute to be

unconstitutional.

3. A jury trial was held in January 2011, but the jury was unable to

reach a verdict and a mistrial was declared on January 14, 2011.

4. Thereafter, on November 14, 2011, defendant filed an amended

motion to declare the Eavesdropping Statute unconstitutional. On

February 14, 2012, the People filed a response in opposition to

defendant's motion and on June 19, 2012, the Honorable Steven J.

Goebel granted defendant's motion to declare the Illinois

Eavesdropping Statute, 720 ILCS 5114, unconstitutional.

5. On June 22, 2012, defendant filed an emergency motion

requesting that the trial court amend its order declaring the Illinois

Eavesdropping Statute unconstitutional in order to comply with

Supreme Court Rule 18. On July 26, 2012, the trial court issued a

written order in compliance with Rule 18 finding that the Illinois

Eavesdropping Statute, 720 ILCS 5/14, is unconstitutional.

6. The People filed their Notice of Appeal on August 9, 2012.

7. The record was filed on April22, 2013. However, on May 1,

2013, defendant filed a motion seeking to supplement the record on

appeal, stating that in addition to the transcripts from more than 70

different dates the matter was called before the Circuit Court of Cook

County that were included in the record on appeal, transcripts fro~

four additional dates were necessary for this Court's resolution of this

appeal. On May 10,2013, the People filed a response to defendant's

motion, agreeing to order the requested transcripts and supplement the

record with them once they have been prepared. On May 14, 2013, the

Court granted defendant's motion.

8. The People's opening brief was filed on September 27, 2013.

9. Defendant's brief was filed on December 6, 2013.

10. The People's reply brief is due on December 20, 2013.

11. Assistant State's Attorney Alan J. Spell berg currently working

on the People's reply brief. Thus far, he has read defendant's brief as

well as the amicus brief filed in support ofher position, researched the

issues and is currently working on a draft of the People's reply.

However, ASA Spell berg was unable to complete the reply brief by its

due date because he is also currently completing the People's reply

brief in In re Rita P., No. 115798, as well as working on numerous

cases in the First District Appellate Court and the Circuit Court of

Cook County, while also performing numerous administrative duties

as the Supervisor of the Criminal Appeals Division of the Cook

County State's Attorney's Office.

12. ASA Spellberg has spoken to defendant's counsel, Mr. Gabriel

Plotkin, and Mr. Plotkin stated that he has no objection to an extension

of time, provided the People's reply brief is filed no later than the

requested date of January 3, 2014.

THEREFORE, the People ofthe State of Illinois respectfully request an

extension of time for the filing of their Reply Brief to and including January 3, 2014.

ANITA ALVAREZ State's Attorney of Cook County 309 Richard J. Daley Center Chicago, Illinois 60602 (312) 603-5496

BY: · ~~· ALAN J. SPELLBERG, Supervisor Criminal Appeals Division

STATE OF ILLINOIS ) ) ss

COUNTY OF C 0 0 K )

AFFIDAVIT

ALAN J. SPELLBERG, being first duly sworn on oath, deposes and says that affiant

is a duly appointed and acting Assistant State's Attorney of Cook County, Illinois; that affiant has

read the foregoing Motion by him subscribed; that affiant knows the contents therein; and that upon

information available to him the same is true in substance and in fact.

STATE OF ILLINOIS COUNTY OF COOK Signed or Attested Before Me on the 20th day ofDecember, 2013, ALAN J. SPELLBERG Assistant State's Attorney . .

(SEAL)

/_ ALAN J. SPELLBERG, Supervisor Criminal Appeals Division

Signature

/

No. 114852

IN THE

SUPREME COURT OF ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellant,

V.

ANNABEL MELONGO,

Defendant-Appellee.

) ) ) ) ) ) ) ) ) )

Appeal from the Circuit Court of Cook County, Illinois

Cir. Ct. No. 1 OCR-8092

Honorable Steven J. Goebel, Judge Presiding

NOTICE AND PROOF OF SERVICE TO: GABRIEL PLOTKIN DANIEL FEENEY ALEXANDRA BLOCK Miller Shakrnan & Beem LLP 180 N. LaSalle Street, Suite 3600 Chicago, IL 60601

LISA MADIGAN 100 West Randolph Street, Suite 1200 Chicago, Illinois 60601 Attn; MICHAEL GLICK

RICHARD J. O'BRIEN SEAN SIEKKINEN Sidley Austin LLP One South Dearborn Chicago, IL 60603

HARVEY GROSSMAN ADAM SCHWARTZ Roger Baldwin Foundation of ACLU, Inc

180 N. Michigan Ave. Chicago, IL 60601

PLEASE TAKE NOTICE that on December 20, 2013, we shall serve by mail the above­named counsel and file in the Office of the Clerk of the Supreme Court of Illinois, in Chicago the attached Motion, Affidavit, and Draft Order.

ANITA ALVAREZ State's Attorney of Cook County 309 Richard J. Daley Center Chicago, Illinois 60602 (312) 603-5496

BY: -----------------------------ALAN J. SPELLBERG, Supervisor Criminal Appeals Division

STATE OF ILLINOIS ) ) ss

COUNTY OF C 0 0 K )

JOSEPH LANIER, being first duly sworn on oath, deposes and says that he served by mail

the above-named pro se defendant and served by mail Illinois Attorney General's Office the

above-mentioned papers and this Notice on December 20,2013.

STATE OF ILLINOIS COUNTY OF COOK Signed or Attested Before Me on this 20th day ofDecember, 2013, JOSEPH LANIER.

(SEAL)

Signature o

No. 114852

IN THE

SUPREME COURT OF ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellant,

V.

ANNABEL MELONGO,

Defendant-Appellee.

) ) ) ) ) ) ) ) ) )

Appeal from the Circuit Court of Cook County, Illinois

Cir. Ct. No. 1 OCR-8092

Honorable Steven J. Goebel, Judge Presiding

This Cause Coming Before This Court on Motion ofThe People ofthe State oflllinois, and all

parties having been notified, and the Court Being Fully advised in the premises,

IT IS ORDERED that the People's Motion for an Extension of time to and Including January 3,

2014 for the filing of the Reply Brief is allowed/denied.

ENTER:

JUSTICE OF THE SUPREME COURT OF ILLINOIS

Date