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

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff, v.

ANNABEL K. MELONGO,

Defendant.

To: Ms. Annabel K. Melongo P.O. Box 5658 Chicago, IL 60680

) ) ) ) ) ) ) ) )

Case No. 08 CR 10502

Judge Steven 1. Goebel

NOTICE OF MOTION

Mr. Robert M. Podlasek, Esq. 2650 S. California Ave., Room 13BI0 Chicago, IL 60608

PLEASE TAKE NOTICE that on February 14, 2013, at 9:00 a.m., or as soon thereafter as counsel may be heard, I shall appear before the Honorable Steven 1. Goebel, or any judge sitting in his stead, in the courtroom usually occupied by him at the Criminal Courthouse, 2650 S. California Avenue, Chicago, Illinois and then and there present the attached Motion to Quash Subpoena and for Other Relief.

ODELSON & STERK, LTD. 3318 W. 95 th Street Evergreen Park, IL 60805 (708) 424-5678 Attorney No. 91071

Richard F. Bruen, Jr.

CERTIFICATE OF SERVICE

The undersigned, an attorney, does hereby certify that he caused a copy of this Notice of Motion and Motion to Quash Subpoena and for Other Relief to be served on the above parties via hand delivery in open court at the Criminal Courthouse located at 2650 S. California Avenue, Chicago, Illinois on February 14,2013.

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

THE PEOPLE OF THE STATE OF ILLINOIS,

) ) ) ) ) ) ) ) )

Plaintiff, Case No. 08 CR 10502 v.

Judge Steven J. Goebel ANNABEL K. MELONGO,

Defendant.

MOTION TO QUASH SUBPOENA AND FOR OTHER RELIEF

Respondent, VILLAGE OF SCHILLER PARK, by its attorney, ODELSON & STERK,

LTD., through Richard F. Bruen, Jr., hereby submits its Motion to Quash Subpoena on the

ground that the materials sought go beyond the scope of discovery and/or require disclosure of

materials protected by the law enforcement investigative privilege, and to enter other relief as

requested herein. In support of this motion, Respondent states as follows:

1. On January 22, 2012, Defendant issued a subpoena duces tecum to Respondent

calling for the production of documents. A copy of said subpoena is attached as Exhibit A.

2. Defendant's subpoena demands a laundry list of documents of the Village. She

demands correspondences relating to the Department's investigation of her. Ex. A. She

demands work of "experts hired by Save-A-Life Foundation." Id. She demands copies of other

subpoenas received by the Village. Id. She demands manuals and books "delineating how a

detective is to conduct an investigation," "delineating a detective's responsibilities in witnessing

to an investigation conducted," and "pertaining to a detective conducting cybercrimes." rd.

3. There is no allegation in Defendant's subpoena that the Village has failed to

provide any information relevant to these proceedings to the prosecuting authority. The State's

Attorney's Office should thus have the documents relevant to these proceedings and should have

produced those documents which fall within the allowable scope of discovery to Defendant. To

the extent that there are documents which go beyond the allowable scope of discovery, the

Village should not be compelled to produce those to Defendant. See People v. Brummett, 279

Ill. App. 3d 421, 423-25 (4th Dist. 1996) (quashing subpoena to the extent it sought documents

those that defendant was not entitled to in discovery); Harris Trust & Sav. Bank v. Joanna-W.

Mills Co., 53 Ill. App. 3d 542, 557 (15t Dist. 1977) ("[t]he right of discovery is limited to

disclosure regarding matters relevant to the subject matter involved in the pending action").

4. To the extent Defendant believes that there are documents not in the possession of

the State's Attorney' s Office which are discoverable and relevant, she should be required to

specifically identify those documents so that issue may be resolved.

5. Moreover, the materials requested by Defendant may fall under the law

enforcement invest!gatory privilege or other privileges. The law enforcement investigatory

privilege is a "qualified common law privilege applies both to tangible evidence and oral

testimony." Castro v. Brown's Chicken & Pasta, Inc., 314 Ill. App. 3d 542, 554 (1 51 Dist. 2000).

The law enforcement investigatory privilege serves "to prevent disclosure of law enforcement

techniques and procedures, to preserve the confidentiality of sources, to protect witnesses and

law enforcement personnel, to safeguard the privacy of individuals involved in an investigation,

and otherwise to prevent interference with an investigation." rd. (citing Fed. R. Civ. Pro. 26(b)

and Hernandez v. Longini, 1997 WL 754041 (U.S.)). "In determining whether this privilege

applies to a particular case, the court must balance the public benefit of the confidentiality of the

law enforcement investigation with the need of a civil litigant to receive such information." Id.

6. Defendant has not identified the reason(s) she needs the documents requested by

her subpoena. At a minimum, the Court should require her to identify those reasons and then

review any discoverable responsive documents in camera to determine whether the law

enforcement investigatory privilege or other privileges apply to those documents.

7. The Village would appreciate such clarification because the instant subpoena

could be the latest in Defendant's attempts to harass the Village and other individuals. In

September 2012, the Village responded to a largely objectionable FOIA request from Defendant

wherein Defendant requested many of the same items she is now requesting in her subpoena.

See Group Exhibit 2.

8. "The objectives of pretrial discovery are to enhance the truth-seeking process,

making good faith compliance with such procedures both desirable and necessary to enable

attorneys to better prepare and evaluate their cases." Mistler v. Mancini, 111 Ill. App. 3d 228,

231-32 (2nd Dist. 1982). "Supreme Court Rule 201(c) provides that a court may make a

protective order regulating discovery to prevent unreasonable annoyance, expense,

embarrassment, disadvantage, or oppression." Mistler, 111 Ill.App. 3d at 233.

9. If the Court finds that Defendant has no appropriate basis for seeking the

information via subpoena in this matter, then this Court should also enter an order barring

Defendant from serving further subpoenas upon the Village without leave of court. To address a

subpoena costs the Village valuable staff resources and attorneys ' fees.

10. On this note, the Village also points out that Defendant put an "Attorney Number"

on her subpoena when, in fact, she is not a licensed attorney according to the Illinois Attorney

Registration and Disciplinary Commission website. Ex. A. This underscores the baseless and

harassing nature of Defendant's subpoena. The Village also points out that Defendant has

established a website containing derogatory information about the Village, its employees, and

other persons connected with this matter. See http://illinoiscorruption.net. There are several

court documents on this website. Discovery is not intended to allow a party to obtain

information irrelevant to a case for their own personal ends.

WHEREFORE, Respondent, VILLAGE OF SCHILLER PARK, respectfully requests

that Defendant ANNABEL K. MELONGO'S subpoena be quashed for the reasons stated above,

that this Court enter an order preventing Defendant from serving further baseless subpoenas on

the Village, and that any other relief this Honorable Court deems reasonable be entered.

Richard F. Bruen, Jr. , Esq. ODELSON & STERK, LTD. 3318 W. 95th St. Evergreen Park, IL 60805 (708) 424-5678

Respectfully submitted,

VILLAGE OF SCHILLER PARK, Respondent

By: ~~~ One of Its Attorneys

03.00 (Rev. 5/28/09) CCCR 0066 A

.IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS

" . No. OBCR10502

Annabel K. Melongo II!! l£::"~.' ~~

JAN2 SUBPO~~A • SUBPOE~A DUCES TECUM c~OI?O~ 2 201J

. ""~I?/( 01..- Ny 8Ft The People of the St:lte of Illinois to all Peace Officers in the StlIfe - GREETING: I CIIYCUtr ~~Wtv

U~.,.. WE COMMAND THAT YOU SUMMON Schiller Park PoUce Department

9526 W. Irving Park Road

Schiller Park, it 60176

to appear to testifY before the Honorable Judge Steven J. Goebel --~--~----------------------------------------

on February 14th , 2013 iu Room ..:..T=S"-'A=---___ , Circuit Court. _2_6_5_0_S_, _____ _

.... C""'a .... ti""fo .... m ......... ia ..... A .... v""'e-un .... ue ....... _---:. Chicago, Illinois. at 9.00 am m.

YOl1 ARE COMMANDED ALSO to Iniftg the fol1ewiftg:

Mail The FoUowlng Documents ( See Attached Rider)

ill your possession or control,

YOUR FAILURE TO APPEAR fl* RESPONSE TO THIS SUBPOENA WILL SUBJ MENT FOR CONTEMPT OF THIS COURT.

Atty. No.: 99500 ------Name: Annabel K. Melongo

Att}'. for: Pro Se ------------------------------Address: P,O BOX 5658

City/State/Zip: Chjcago, lL 60680

Telephone: 312415,.6632

Q Attorney

Cl Clerk of Court

Date: _______________ --,1-'--_-1-

NON-APPLICABLE - Strike out Title which does not apply. Subpoena or Subpoena Duces Tecum.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY. ILLINOIS

(OVER)

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS CRIMINAL DIVISION

State Of IllinOiS,

v.

Annabel K. Melango

Plaintiff.

Defendant,

) ) ) ) ) ) ) ) ) )

Subpoena Duces Tecum

To: Schiller Park Police Department

9526 W. Irving Park Road

Schiller Park, IL 60176

No. 08CR10502

Judge Steven J. Goebel

************* COPIES WILL SUFFICE IN LIEU OF APPEARANCE ***********.******~W

YOU ARE COMMANDED to mail the following documents:

1. Copy of email correspondence with Kyle French dated on or about 7/10/2006, with the subject: "RE: Save-A-Ufe Preliminary Report"

2. Copy of email correspondence with Kyle French dated on or about 07/20/2009, with the subject "Melono Fax re Discovery"

3. Copy of email correspondence with Kyle French dated on or about 1011312006, with the subject: "RE: Report",

4. Copies of emailS, faxes. notes or documents of any kind between Schiller Park Police and its employeeslboard or between Schiller Park Police and Illinois General Attorney Office or between Schiller Park Police and the Cook County State Prosecutor Office concerning the defendant and/or the computer tampering events for which she is charged.

5. Copies of notes, reports, em ails or documents of any kind involving the work of experts hired by Save-A-Ufe Foundation regarding the computer events for which the defendant is charged.

6. Copies of subpoenas responses received in relation to the computer events for which the defendant is charged.

7. Police report(s), notes, faxes, emaHs or any document regarding the computer events for which the defendant is charged.

8. Any manual, reference book, code of ethics or document of any kind delineating how a detective is to conduct an investigation.

9. Any manual, reference book, code of ethics or document of any kind delineating a detective's responsibilities in witnessing to an investigation conducted.

10. Any manual, reference book, code of ethics or document of any kind delineating Rules and Regulations pertaining to a detective conducting cybercrimes.

************* COPIES WILL SUFFICE IN LIEU OF APPEARANCE *.****~****************

YOUR FAILURE TO APPEAR IN RESPONSE TO THIS SUBPOENA WILL SUBJECT YOU TO

PUNISHMENT FOR CONTEMPT OF THIS COURT.

Attorney Nr: 99500

Attorney For: Annabel K. Melongo

Address: P.O. Box 5658

City/State/Zip: Chicago, IL 60680

Telephene: 312-415-6632

Note:

1. While complying with this subpoena, please redact any infonnation on social security

number or credit card numbers ONLY.

2. Mail any document complying with this subpoena to the following address: Judge

Steven J. Goebel, 2650 S. Califomia Ave., Chicago, IL 60608.

,

f

I

P~~SJD£"T ANNA MONTANA

~AGeOF (S~~ILLER PARK

CLERIC. CLAUDIA L IRSVTO

T~USTEES

LAWRENCE FRITZ ANTHONY CLEMENTI RICHARD W. OESECK I

FREEDOM OF INFORMATION ACT REQUEST FORM

DATE REQUESTED: 09/21/2012

TRUSTEES ANGELO 5 PASSIALIS CATHERIN~ GORZYNSKI RODNEY TOLE

9516 WEST IRVING PARK ROA!)

SCHILLER PARK. ILLINOI, 60176 ,198,;

TELEPHONE 847 618·2550

FAX 847 671·3564

NAME: Annabel Melongo PHONE: 312-415-6632

ADDRESS: P.O Box 5658 CITY: Chicago ZIP: 60680

FAX (optional):, _________ _ EMAIL (optional):melongo_annabel@yahoo.com

RECORDS REQUESTED (please print clearly): __________________ _ 1. Any manual or reference book or code of ethics delineating how a detective is to conduct an investigation

2.Any manual or reference book or code of ethics delineating the detective's responsibilities in

witnessing to an investigation conducted.

3. Rules and Regulations pertaining to a detective conducting cyber crimes.

YESINO Is this a commercial request? (Please Circle) (You must indicate if the request is for a commercial purpose - it is a violation of State law to fnlsely report)

r would like: (Please Check)

_____ To inspect these records __ X ___ Copies of records in electronic format (if available)

_____ Paper Copies (FiTSt 50 pages are free and $.15 per page after that) (Color, blueprints. & other large documents will require additional fees)(lfmailing is requesled, applicable postage will be added to the above charges)

YESINO Are you requesting a fee waiver? (please circle) (lfyes, please state purpose of request and whelher the

principal purpose is to access or disseminate information pursuant to 5 lies 140/6(c)) _________ _ I need the documents for my own research. ----------------------------------

ACTION TAKEN BY VILLAGE Complied with Request_ Sent to Public Access Counselor ___ Date ___ _ Partial Compliance (redacted or omitted exempt material), ______________ _

Requestor Signature

Request Denied, _____________ _

Signature of FOlA OFFICER

www .... ilfageofschilferpark.com

Richard Bruen

From: Sent:

Brian Bursiek [bbursiek@villageofschillerpark.com] Wednesday, February 13, 20132:46 PM

To: Richard Bruen Subject: FW: FOIA Request

Fyi

From: Melongo Annabel [mailto:melongo annabel@yahoo.com] Sent: Thursday, September 27, 2012 2:50 PM To: Brian Bursiek Subject: Re: FOIA Request

Thanks, Brian. I hereby acknowledge receipt of a response to my FOIA request.

From: Brian Bursiek <bbursiek@villageofschillerpark.com> To: Melongo Annabel <melongo annabel@yahoo.com> Sent: Thu, September 27,2012 11:07:47 AM Subject: RE: FOIA Request

Ms. Melongo,

Below is my formal response to your FOIA Request. Please respond to this email so I know you received it.

==================--=========================================================================-=======--============== =======================================----=======================================

Re: FOIA Request Dated 9/21112

Dear Ms. Melongo,

I am the Freedom of Information Act Officer for the Village of Schiller Park. I am in receipt of your Freedom ofInformation Act (hereinafter "FOIA") request to the Village dated September 21 , 2012. My duties as the Village FOIA Officer task me with responding to such requests in accordance with the FOIA.

After discussing your request with the Police Department I have determined that the Village has a reference book used by our detectives that is responsive to your request on items #1 & #2 but that pursuant to Federal law regarding copyrights I cannot provide in electronic format or otherwise the book. The FOIA provides in Section 7(1)(a) that materials that are exempt from disclosure under Federal law are exempt under the FOIA. I have attached to this email a scanned copy of the cover sheet and information sheet for the book in question "Criminal Investigation - Ninth Edition" to give you enough detail to obtain the book on your own from a library or bookseller.

With respect to item #3 the Village does not have anything to provide.

I also need to inform you that you have the right to have the Illinois Attorney General ' s Public Access Counselor (hereinafter "PAC") review this partial denial of your request pursuant to Section 9.5 of the FOIA, or to seek judicial review of this partial denial in the Circuit Court pursuant to Section 11 of the FOIA. You may contact the PAC via mail at: Public Access Bureau, 500 S. 2nd Street, Springfield, IL 62706, via phone at: (217)

1

558-0486. or by email atpublicaccess@atg.state.il.us. Please contact me if you have any questions or concerns about this matter.

Sincerely,

Brian Bursiek Assistant to the Village Manager

====================================================================================

Brian Bursiek Assistant to the Village Manager Village of Schiller Park 9526 W. Irving Park Rd . Schiller Park, IL 60176 (847) 671-8534

bbursiek@villageofschillerpark.com

This communication , along with any documents , files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination , distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading , printing or saving in any manner. Thank you .

----------------------_ .. _------From: Melango Annabel [mailto:melongo annabel@yahoo.coml Sent: Friday, September 21,20123:47 PM To: bbursiek@villageofschilleroark.com Subject: FOIA Request

See attached.

2

· - .

Ka'r.~11 M:. H:es$, Ph.D. Normandale Community Co11ege

Christine -Hess Olrth,mann, M,.S. - --

Orthmann Writing and Resee.roh, -IIl:~=._

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