1 STATE OF ILLINOIS )

) SS.
2 COUNTY OF COOK )
3 IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT-CRIMINAL DIVISION
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IN RE: ROBERTO ALMODOVAR
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11 REPORT OF PROCEEDINGS had at the matter in
12 the above-entitled cause before the Honorable PEGGY
13 CHIAMPAS, Judge of said Court on the
14 4th day of October, A.D. 2023.
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Sherry L. Jones, RPR, CSR, CRR, FCRR, RMR, CRC
23 Criminal Court
Official Court Reporter
24 License No. 084-004024

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1 THE SHERIFF: There is a guy in the gallery
2 with his phone.
3 THE COURT: Bring him in. Bring him in.
4 Bring him in. To be brought to my attention not
5 anybody else's first.
6 Come on in, sir. Where is the phone? What's
7 your name, sir?
8 MR. ALMODOVAR: My name is Robert (sic).
9 THE COURT: Robert what?
10 MR. ALMODOVAR: Almodovar.
11 THE COURT: Almodovar. Do you have a case in
12 this courtroom, sir?
13 MR. ALMODOVAR: No, I don't.
14 THE COURT: What are you here for, sir?
15 MR. ALMODOVAR: Just observing.
16 THE COURT: Observing. Let me have your
17 phone, please. Sit down and don't leave this
18 courtroom. If you leave this courtroom, sir, I will
19 hold you in direct criminal contempt of court.
20 (Whereupon, the matter was
21 passed and later recalled.)
22 THE COURT: All right. Sir, can you please
23 give me your full name.
24 MR. ALMODOVAR: Roberto Almodovar.

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1 THE COURT: I'm sorry?
2 MR. ALMODOVAR: Roberto Almodovar.
3 THE COURT: Where do you reside,
4 Mr. Almodovar?
5 MR. ALMODOVAR: 3042 North Woodlawn.
6 THE COURT: And you are here today as an
7 observer; is that correct?
8 MR. ALMODOVAR: Yes.
9 THE COURT: You do not have an interest in
10 anyone appearing in this matter; is that correct?
11 MR. ALMODOVAR: Yes, your Honor.
12 THE COURT: Are you -- and I asked you this
13 before, but you're not related to Anthony Almodovar;
14 is that correct?
15 MR. ALMODOVAR: That's correct, your Honor.
16 THE COURT: Okay. So my courtroom is open to
17 the public, all right? But what the public cannot do
18 or press or anybody quite frankly is bring in a
19 phone, record, or do anything of that nature without
20 permission and a prior court order from this Court,
21 all right?
22 My understanding is -- Deputy Nelson, your
23 name for the record.
24 THE SHERIFF: Deputy Nelson, Tracy Nelson.

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1 THE COURT: And, Ms. Nelson, you're the one
2 that saw the phone; is that correct?
3 THE SHERIFF: No.
4 THE COURT: Who did?
5 THE SHERIFF: I was informed that he had a
6 phone.
7 THE COURT: By whom?
8 THE SHERIFF: Some of the people in the
9 gallery.
10 THE COURT: Okay. All right. And based on
11 that what did you do?
12 THE SHERIFF: I was concerned because I had a
13 conversation with Mr. Almodovar. I was asking
14 everyone if they had a case in the courtroom or if
15 they knew someone that had a case.
16 THE COURT: Okay.
17 THE SHERIFF: And he was the only person that
18 said, no, he was just here to observe.
19 THE COURT: All right. And as such you then
20 saw the phone?
21 THE SHERIFF: I was told that he had a
22 phone.
23 THE COURT: All right. And then I directed
24 him in the courtroom, correct?

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1 THE SHERIFF: Yes, ma'am.
2 THE COURT: All right. Now, Sergeant, you're
3 here, and your name for the record, please.
4 THE SHERIFF: Sergeant Janelle Martin, Star
5 No. 1195.
6 THE COURT: Okay. And I want to thank the
7 officers of the court, Mr. Woodson from the Office of
8 the Public Defender and the State.
9 So, Mr. Almodovar, let me tell you what my
10 options are. My options are I could hold you in
11 direct criminal contempt of court and sentence you to
12 six months in the Cook County Department of
13 Corrections for violating an order that is
14 established in this building, okay? All right?
15 MR. ALMODOVAR: Yes, your Honor.
16 THE COURT: I can do that. My other option,
17 all right, is to -- that's why I'm putting this on
18 the record. I had you, sir, in the presence of the
19 sheriff, Mr. Woodson, as an officer of the Court and
20 the State, and you did voluntarily do that, open up
21 your phone so that they could check just to ensure
22 that no photos were taken, no video was taken, and
23 nothing was spread over social media regarding
24 anything in this building or in this courtroom.

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1 And you agreed to that, is that correct, sir?
2 MR. ALMODOVAR: Yes, your Honor.
3 THE COURT: All right. Sergeant, was that
4 done?
5 THE SHERIFF: Yes, it was.
6 THE COURT: And your name for the record.
7 I'm sorry.
8 THE SHERIFF: Sergeant Janelle Martin.
9 THE COURT: Sergeant Martin.
10 And, Mr. Woodson, you were present?
11 MR. WOODSON: That's correct, Judge.
12 Assistant Public Defender Jarrad Woodson.
13 THE COURT: Mr. Dinard.
14 MR. DINARD: Judge, I was not present, but I
15 was informed of the investigation.
16 THE COURT: Sergeant, what, if anything, was
17 on the phone?
18 THE SHERIFF: There were no pictures, no
19 videos, and no social media stories on his phone
20 pertaining to the courtroom.
21 THE COURT: Okay. So at this time,
22 Mr. Almodovar -- have you ever had a case in this
23 building?
24 MR. ALMODOVAR: Have I?

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1 THE COURT: Yes.
2 MR. ALMODOVAR: Yes.
3 THE COURT: What kind?
4 MR. ALMODOVAR: Two murders and an attempt,
5 your Honor.
6 THE COURT: And one of those was present in
7 front of me; isn't that correct?
8 MR. ALMODOVAR: No, your Honor.
9 THE COURT: I believe so, and I recused
10 myself.
11 MR. ALMODOVAR: I don't recall.
12 THE COURT: Maybe, but it was a
13 post-conviction on an exoneration; isn't that
14 correct?
15 MR. ALMODOVAR: Yes.
16 THE COURT: Did that happen -- was that
17 pursuant to the Detective Rey Guevara case?
18 MR. ALMODOVAR: Yes, it was, your Honor.
19 THE COURT: Now I remember.
20 Sergeant Martin --
21 THE SHERIFF: Yes.
22 THE COURT: I will give you the phone. I
23 want a report written up.
24 THE SHERIFF: Okay.

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1 THE COURT: By the sheriff's office. I'm
2 going to draft an order to that effect.
3 THE SHERIFF: Okay.
4 THE COURT: So it can be documented and the
5 incident documented. I will hand you the phone. I
6 want a photo taken, whatever procedures that you have
7 in order to document it, okay?
8 THE SHERIFF: Okay.
9 THE COURT: And, Mr. Almodovar, you will get
10 that phone back only when that process has been
11 completed by the sheriff's office.
12 MR. ALMODOVAR: Yes, your Honor.
13 THE COURT: I don't know what your motive is.
14 I don't know what you think you're doing, but I won't
15 tolerate that in my courtroom or in this building.
16 Do you understand that?
17 MR. ALMODOVAR: Yes, your Honor.
18 THE COURT: Unless, sir, you have a case in
19 this building you are not allowed to come to this
20 building. Do you understand me?
21 MR. ALMODOVAR: Yes, your Honor.
22 THE COURT: If you come to this building
23 again and you have a phone I will hold you in direct
24 criminal contempt of court and I, sir, will give you

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1 the max six months. Do you understand me?
2 MR. ALMODOVAR: Yes, your Honor.
3 THE COURT: This is not a game,
4 Mr. Almodovar. You of all people should understand
5 that better than anybody.
6 MR. ALMODOVAR: Yes, your Honor.
7 THE COURT: Do you have a case that's
8 pending, a civil case?
9 MR. ALMODOVAR: Yes, your Honor.
10 THE COURT: Who represents you on that case?
11 MR. ALMODOVAR: Jennifer Bonjean.
12 THE COURT: Who was here this morning?
13 MR. ALMODOVAR: Yes, your Honor.
14 THE COURT: Did she know you were here?
15 MR. ALMODOVAR: No, your Honor.
16 THE COURT: Did she see you in the gallery?
17 Because she was here this morning.
18 MR. ALMODOVAR: I can't say she did.
19 THE COURT: Sit down.
20 (Whereupon, the matter was
21 passed and later recalled.)
22 THE COURT: Come back in here, sir. What is
23 your first name? I'm sorry. Roberto you said,
24 right?

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1 MR. ALMODOVAR: Roberto.
2 THE COURT: A-l --
3 MR. ALMODOVAR: A-l-m-o-d-o-v-a-r.
4 THE COURT: A-l-m-o --
5 MR. ALMODOVAR: A-l-m-o-d-o-v-a-r.
6 THE COURT: A-l-m-a-d-o --
7 MR. ALMODOVAR: No, A-l-m-o --
8 THE COURT: Almodovar.
9 MR. ALMODOVAR: Yes, your Honor.
10 THE COURT: A-l-m-o-d-o-v-a-r. All right.
11 So, Mr. Almodovar, I'm directing the sheriff -- the
12 sergeant who is here I'm going to hand her your
13 phone. I'm going to give you the benefit of the
14 doubt, Mr. Almodovar, today, okay?
15 MR. ALMODOVAR: Your Honor, I apologize for
16 disrespecting you and your courtroom like that. I
17 didn't mean to.
18 THE COURT: What concerns me is the fact that
19 Ms. Bonjean was here too but, you know, I'm not going
20 to speculate on that because you have been here all
21 morning and she was here all morning as well, okay?
22 MR. ALMODOVAR: Okay.
23 THE COURT: All right. However, let me make
24 myself clear. The sheriff of Cook County is to

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1 document this, photograph, and only -- and document
2 the incident. It is a public building, sir.
3 However, unless you have a case in this building --
4 because of the fact that you brought in a phone in
5 direct violation of the General Orders unless you
6 have a court date or some kind of business in this
7 building you are not allowed to enter, and if you do
8 you cannot bring a phone.
9 If you do that ever again I will hold you in
10 direct criminal contempt of court, and I will
11 exercise my discretion in locking you up for six
12 months, no day for day credit.
13 MR. ALMODOVAR: Yes, your Honor.
14 THE COURT: I could do it today.
15 MR. ALMODOVAR: I understand that.
16 THE COURT: I can take you into custody right
17 now and bring you back tomorrow or Friday or Monday,
18 but I'm not going to do that.
19 MR. ALMODOVAR: Thank you.
20 THE COURT: For now. Do I my make myself
21 very clear?
22 MR. ALMODOVAR: Yes, you do, your Honor.
23 THE COURT: Have a seat.
24 (Whereupon, the matter was

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1 passed and later recalled.)
2 THE COURT: Step up, sir. The Court is
3 making a record in conjunction with Roberto
4 Almodovar, who was just here.
5 The Court was done. The court reporter was
6 in the process -- actually had packed up when, sir,
7 what is your name?
8 MR. SMITH: Christopher Smith.
9 THE COURT: And, Mr. Smith, are you with the
10 Office of the Public Defender?
11 MR. SMITH: No.
12 THE COURT: Are you in private practice?
13 MR. SMITH: Yes.
14 THE COURT: By yourself?
15 MR. SMITH: Yes.
16 THE COURT: Mr. Smith appeared in this
17 courtroom and I asked Counsel -- you were prior
18 though a P.D., weren't you, or no?
19 MR. SMITH: Yes, 15 years.
20 THE COURT: Okay. No worries. Where I
21 indicated if he had a case present or what he was
22 here for, and he was inquiring regarding Mr. Roberto
23 Almodovar; and when I asked him why he was here -- go
24 ahead. You can pick it up from there. I don't want

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1 to put words in your mouth.
2 MR. SMITH: Well, I'm here to possibly
3 represent Mr. Almodovar if he needed an attorney.
4 THE COURT: And you had indicated that -- I
5 asked you how you found out about it and why you were
6 here and who called you, sir?
7 MR. SMITH: Well, I got a text from an
8 attorney, but I don't think that's appropriate --
9 THE COURT: Who did you get the text from,
10 sir?
11 MR. SMITH: If I'm being ordered to answer
12 that, Ms. Cohen.
13 THE COURT: Mr. Smith, you were in this
14 courtroom and I asked -- excuse me, Mr. Smith.
15 Mr. Smith, do not interrupt me.
16 MR. SMITH: Yes.
17 THE COURT: All right? You are an officer of
18 the court. I don't want to have you sworn but I
19 will, okay? Because when I asked you specifically at
20 whose direction you came here, you told me who, sir?
21 MR. SMITH: If I could answer --
22 THE COURT: No. What did you tell me first
23 and then you can explain?
24 MR. SMITH: Ms. Cohen is connected to

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1 Ms. Bonjean.
2 THE COURT: No, sir, Mr. Smith. When you
3 came in this courtroom and I asked you -- excuse me,
4 sir. Mind you there -- excuse me, sir. Don't
5 interrupt me.
6 MR. SMITH: Yes.
7 THE COURT: Because right now -- and I will
8 tell you what I did, but I'm going to make a clear
9 record on this case and I will do so, and there are
10 people in this courtroom that heard your response,
11 including an officer of the court and myself and the
12 clerk and the sheriffs.
13 When I asked you, sir, who you received the
14 information from to come here who did you tell me?
15 MR. SMITH: Okay. There is a simple
16 explanation.
17 THE COURT: Did you or did you not -- first
18 of all, did you -- let the record reflect that
19 Mr. Smith is not answering my question. Did you or
20 did you not tell me Jennifer Bonjean?
21 MR. SMITH: Yes, but let me just tell you --
22 you asked the question who did I first get notified
23 by and Ms. Cohen --
24 THE COURT: No, sir, you did not -- no, sir.

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1 Mr. Smith --
2 MR. SMITH: I'm not trying to play games with
3 you.
4 THE COURT: That might be the truth,
5 Mr. Smith, but when you came in here -- no, no, no.
6 Do --
7 MR. SMITH: On behalf of Ms. Bonjean --
8 THE COURT: Do not play semantics and games
9 in my courtroom, sir, because I will not tolerate it,
10 Mr. Smith. I will not. I asked you specifically and
11 you said Ms. Bonjean, at which point I told you no
12 more conversations, correct? Did I not tell you no
13 more conversations? Because if we are going to have
14 a hearing on this, I will.
15 MR. SMITH: Yes, you told me no --
16 THE COURT: And until -- excuse me,
17 Mr. Smith. You are deliberately trying to convolute
18 the record.
19 MR. SMITH: No, I'm not.
20 THE COURT: Yes, you are. In particular the
21 minute you said Ms. Bonjean I indicated to you do not
22 say another word, I want to put this all on the
23 record. Did I not say that to you, sir?
24 MR. SMITH: Yes. Can I make a complete

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1 statement?
2 THE COURT: So now you can explain yourself
3 now.
4 MR. SMITH: You asked me the question just
5 now who contacted me, and I told you the truth.
6 THE COURT: No.
7 MR. SMITH: Can I just finish the answer,
8 please? Ms. Cohen contacted me. I indicated to you
9 when I walked in that I'm here on behalf of
10 Ms. Bonjean because he is a civil client of
11 Ms. Bonjean. That was the full statement.
12 THE COURT: Did you or did you not -- is the
13 first time that you used Ms. Cohen's name is when we
14 were back on the record?
15 MR. SMITH: Yes, when you asked me who
16 contacted me, who contacted me.
17 THE COURT: No, sir, I did not ask you that.
18 (Whereupon, a sound is playing
19 out loud in the courtroom.)
20 THE COURT: That's the national distress
21 signal, okay?
22 MR. SMITH: I'm not hiding anything.
23 Ms. Bonjean -- he is Ms. Bonjean's client. That's
24 the reason why I'm here. However, I thought you

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1 asked me who contacted me and --
2 THE COURT: Let the record reflect that
3 Ms. Nisha Dotson is here. I don't want to include
4 her, but I'm just going to document who is here.
5 Ms. Nisha Dotson is here, who is an employee from the
6 Office of the Public Defender. My clerk is here,
7 Ms. Caprece. I'm sorry. Caprece --
8 THE CLERK: Baker.
9 THE COURT: And it's Caprece,
10 C-a-p-r-e-s-e.
11 THE CLERK: E-c-e.
12 THE COURT: E-c-e, I'm sorry. My deputy
13 sheriff Deputy Tracy Nelson and Deputy --
14 THE SHERIFF: Aguilar.
15 THE COURT: Aguilar. And your first name?
16 THE SHERIFF: Alejandro.
17 THE COURT: Alejandro, A-l-e --
18 THE SHERIFF: J-a-n-d-r-o.
19 THE COURT: And the court reporter.
20 As to your inquiry, Mr. Smith -- even though
21 you don't have standing I am going to, as an officer
22 of the court, let you know that Mr. Almodovar came
23 into this courtroom with a phone violating the
24 General Court Orders of the Circuit Court of Cook

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1 County. I don't know how he got the phone past but
2 he did.
3 As a result I have issued an order and you
4 are not -- I don't see an appearance. There is no
5 case on file. I could have held him in direct
6 criminal contempt of court and I did not. I did
7 enter an order that he's not allowed in the building
8 at 2600 South California unless he has a case or is
9 subpoenaed to appear or with prior approval of Court
10 because Mr. Almodovar brought a cell phone into the
11 building in Courtroom 307 without a court order and
12 in violation of the Circuit Court of Cook County's
13 General Order. Failure of Mr. Almodovar to comply
14 will result in him being held in direct criminal
15 contempt of court.
16 MR. SMITH: Okay.
17 THE COURT: We're done.
18 MR. SMITH: Did you say what date to appear?
19 I'm sorry.
20 THE COURT: My order stands.
21 MR. SMITH: Thank you, your Honor.
22 THE COURT: And I want a copy of this
23 transcript, please.
24 MR. SMITH: Can I just speak to you about the

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1 transcript? I would implore you to check back. I
2 reacted when you said how were you contacted, and
3 that's why I said by text. I was not trying to hide
4 anything. I apologize. I think that was a
5 misunderstanding between us. I certainly would have
6 answered the next question about what you were
7 saying, you know, when I --
8 THE COURT: When I asked you who the attorney
9 was when --
10 MR. SMITH: Who contacted me, how were you
11 contacted.
12 THE COURT: Before we were on the record who
13 did you say? Who did you say? Who did you say?
14 MR. SMITH: That's who I'm here because of.
15 THE COURT: Which is who? Which is who?
16 MR. SMITH: Ms. Bonjean.
17 THE COURT: Thank you.
18 MR. SMITH: And I'm not hiding that. What I
19 was saying to you is you asked a specific question
20 how were you contacted. I did not want to tell you
21 an incorrect answer. I apologize if there was
22 anything, but I certainly did not come in here and
23 not answer that second question. So I apologize.
24 So am I going to be allowed to see

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1 Mr. Almodovar? Is he going to be released today?
2 THE COURT: Court is over.
3 (Whereupon, the above-entitled
4 cause was concluded.)
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1 STATE OF ILLINOIS)
) SS.
2 COUNTY OF COOK )
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5 I, SHERRY L. JONES, Official Court Reporter
6 of the Circuit Court of Cook County, County
7 Department, Criminal Division, do hereby certify that
8 I reported the proceedings had in the above-entitled
9 cause, that I thereafter caused the foregoing to be
10 transcribed into typewriting, which I hereby certify
11 to be a true and accurate transcript of the
12 proceedings had on this date.
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24 DATE _______10/11/2023__________________________

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