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

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1 No 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, Defendant-Appellee. Honorable Steven J. Goebel, Judge Presiding 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 On December 13,2010, Judge Mary Margaret Brosnahan denied defendant's motion to declare the Illinois Eavesdropping Statute to be

2 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, 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, The record was filed on April22, 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, Defendant's brief was filed on December 6, The People's reply brief is due on December 20, 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

3 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 , 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, 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, ANITA ALVAREZ State's Attorney of Cook County 309 Richard J. Daley Center Chicago, Illinois ( BY: ~~ ALAN J. SPELLBERG, Supervisor Criminal Appeals Division

4 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. /_ ALAN J. SPELLBERG, Supervisor Criminal Appeals Division 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 Signature /

5 No 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 TO: GABRIEL PLOTKIN DANIEL FEENEY ALEXANDRA BLOCK Miller Shakrnan & Beem LLP 180 N. LaSalle Street, Suite 3600 Chicago, IL LISA MADIGAN 100 West Randolph Street, Suite 1200 Chicago, Illinois Attn; MICHAEL GLICK NOTICE AND PROOF OF SERVICE RICHARD J. O'BRIEN SEAN SIEKKINEN Sidley Austin LLP One South Dearborn Chicago, IL HARVEY GROSSMAN ADAM SCHWARTZ Roger Baldwin Foundation of ACLU, Inc 180 N. Michigan Ave. Chicago, IL 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 ( BY: ALAN J. SPELLBERG, Supervisor Criminal Appeals Division

6 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

7 No 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

1 IN RE: PEOPLE VS. ANNABEL MELONGO SGJ# APR 2241 ARR. DATE BEFORE THE SPECIAL GRAND JURY OF COOK COUNTY 7 APRIL 2010

1 1 IN RE: PEOPLE VS. ANNABEL MELONGO 2 3 4 5 SGJ# APR 21 10 CR 8092 ARR. DATE 5-18-10 6 BEFORE THE SPECIAL GRAND JURY OF COOK COUNTY 7 APRIL 2010 8 9 REPORT OF SPECIAL GRAND JURY 10 PROCEEDINGS on April