(DOWNLOAD) "People Ex Rel. Cruz v. Fitzgerald" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: People Ex Rel. Cruz v. Fitzgerald
- Author : Supreme Court of Illinois
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is an original petition for a writ of prohibition to prevent the judges of the Eighteenth Judicial Circuit in Du Page County from presiding over a trial of the petitioner, Robert Cruz, and alternatively or in conjunction with the above, for a writ of mandamus ordering the State's Attorney for the County of Du Page to refrain from prosecuting him. The petitioner claims that he was granted transactional immunity from prosecution for the offenses now pending in Du Page County by order of the presiding judge of the criminal court of Cook County, but that Du Page Judge James Fitzgerald denied the petitioner's subsequent motion to dismiss the Du Page indictments. Although not affirmatively demonstrated by the record herein, it is alleged by the petitioner, without contradiction, that the Du Page judge ordered the State not to use the compelled testimony in its prosecution of petitioner. In June of 1975, the petitioner was indicted on five charges of theft in Du Page County. In January of 1976, while these indictments were pending, the petitioner was subpoenaed before the Cook County grand jury which was investigating an unrelated offense of homicide. There, the petitioner refused to answer questions and asserted his right against self-incrimination. Apparently without communicating with the Du Page County State's Attorney, the Cook County prosecutor moved to grant petitioner immunity, and it was granted under section 106-1 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 106-1). Before the Cook County grand jury, the prosecutor asked the petitioner if he had told Agent Naughton that during a trial that would be coming up, you were going to have two union members * * * offer perjured testimony to get you off the [Du Page County] charges? The petitioner responded in the negative and asked if the prosecutor wanted him to explain what happened. The prosecutor replied affirmatively and urged, Take your time. Go ahead. I want it to be clear. The petitioner thereupon explained at some length the circumstances out of which the five Du Page County indictments arose and his relationship with the above union members.
 "People Ex Rel. Cruz v. Fitzgerald" by Supreme Court of Illinois # Book PDF Kindle ePub Free){kind=link}