A Few More Wins For the Good Guys
January 21, 2008
Late last week two wins were chalked up for the good guys. The first was the case of United States Marine Sgt. McNulty. In brief, an attorney in the Chicago area keyed the Sgt’s car because he had the temerity to honor his service with adornments on the vehicle, and a Marine Corps license plate. The attorney, Jay Grodner, mistakenly believed his position as an officer of the court would shield him from a blatant act of illegality directed at an active duty Marine. The court saw it differently though, and though justice was not served as expressly as I would have wished, it was served. The full transcript of the proceedings makes for good reading; especially when Mr. Grodner is handcuffed in the courtroom and lectured by the judge on the importance of service. Kudos to Beverly Perlson, from the Band of Mothers, and all the Marines who stood in the courtroom to support Sgt. McNulty. Thank you all for taking time out of your busy lives to see that one of our brothers got his day in court.
The second bit of good news comes to us by way of the Vietnam Veterans Against the War. We have always surmised that they were pulling the strings of our good friends in the Iraq Veterans Against the War. It seems that there is a new generation who wants to be John Kerry and the VVAW has been happy to mentor them on that path. We now know that our adversaries are not only like the one’s so many of you, my Vietnam brothers endured so long ago, they are one in the same. Late last week, VVAW announced to their email lists that they would be providing guidance and security for the upcoming “Winter Soldier” tribunals. It is not a coincidence that the name is the same. Nor is it any bit of happenstance that the tactics are the same. VVAW has been disparaging service members for 40 years, and they see no reason to quit now. They have just found weak-willed men and women more concerned with political aggrandizement than with maintaining the commitment to honor we all hold dear. The battle lines are public and permanent now. So, thank you VVAW for finally letting the light shine in on your duplicity. We all look forward to seeing you again this March in DC. Manchu.
Chris Hill
National Director of Operations
Read the transcript by clicking the link below. It’s an amusing read.
1 STATE OF ILLINOIS )
) SS.
2 COUNTY OF C O O K )
3 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
4 COUNTY DEPARTMENT-MUNICIPAL DIVISION
5 PEOPLE OF THE STATE )
OF ILLINOIS, )
6 )
Plaintiff, )
7 )
-vs- ) CASE NO.
8 ) 07-MC1-318441
JAY GRODNER, )
9 )
Defendant. )
10
TRANSCRIPT OF PROCEEDINGS held on
11
the 18th of January, 2008, before the HONORABLE
12
WILLIAM P. O’MALLEY, Judge of said court,
13
Branch 29, Chicago, Illinois.
14
APPEARANCES:
15
HON. RICHARD A. DEVINE, STATE’S ATTORNEY
16 OF COOK COUNTY, BY:
MR. PATRICK KELLY & MR. ARUNAS BUNTINAS,
17 ASSISTANT STATE’S ATTORNEYS,
18 Appeared on behalf of the People;
19 MR. JAY GRODNER, THE DEFENDANT,
ATTORNEY AT LAW,
20
Appeared Pro Se.
21
22
JEAN M. DRISCOLL, C.S.R.
23 OFFICIAL COURT REPORTER
69 WEST WASHINGTON, SUITE 900
24 CHICAGO, IL 60602
Page 1
1 THE CLERK: 406-7, Jay Grodner.
2 MR. KELLY: Good afternoon, Your Honor. For
3 the record, Patrick Kelly, K-e-l-l-y, for the
4 People.
5 MR. BUNTINAS: Judge, Arunas Buntinas, last
6 name B-u-n-t-i-n-a-s, with State’s Attorney’s
7 Office.
8 THE COURT: All right. Mr. Grodner is not
9 here.
10 Would one of the sheriffs go out in the
11 lobby to see if he’s there? Otherwise, I’m issuing
12 a warrant for his arrest.
13 THE SHERIFF: Judge, there’s no response in
14 all the common places and the lobby.
15 MR. BUNTINAS: Judge, we’re asking for a bond
16 forfeiture warrant.
17 THE COURT: Bond forfeiture warrant $20,000.
18 Wait around, Pat. He’ll probably wander in and
19 I’ll take him into custody.
20 MR. KELLY: Very well. Thank you, Your
21 Honor.
22 MR. BUNTINAS: Thank you, Judge.
23 THE COURT: This matter has been up before.
24 He waltzed in the last time 15 minutes late.
Page 2
1 Okay.
2 (WHEREUPON THE CASE
3 WAS PASSED AND
4 RECALLED.)
5 THE COURT: Recall Jay Grodner.
6 THE CLERK: Jay Grodner.
7 THE COURT: State.
8 MR. KELLY: Your Honor, I had a conversation
9 with Mr. Grodner a couple moments ago on the
10 telephone. At about 1:40, he called and said that
11 he was running late. He would be here in about a
12 half an hour. He wanted an opportunity to give
13 the press time to leave before he arrived.
14 THE COURT: Yeah. Mr. Grodner — The message
15 I got, which was relayed to my clerk from Mr. Kelly
16 here, says that Mr. Grodner called at 1:40.
17 Of course, he was suppose to be here at
18 1:30. He knows that since he showed up late, and I
19 warned him about that the last time. He says that
20 he would be here in about a half hour. He wanted
21 the press to clear out. He was told that a warrant
22 was issued.
23 So, for those of you in the press, you
24 might want to know that. But, the warrant should
Page 3
1 still stand. Should Mr. Grodner appear in this
2 courtroom, he’ll be taken into custody. Should he
3 not appear, the Chicago Police Department can do
4 whatever or execute that warrant.
5 MR. KELLY: Thank you, Judge.
6 (WHEREUPON THE CASE
7 WAS PASSED AND
8 RECALLED.)
9 THE CLERK: 406, line 7. Jay Grodner.
10 THE DEFENDANT: Good afternoon, Your Honor.
11 THE COURT: Yeah, it is good afternoon. It’s
12 2:00. You were suppose to be here at 1:30. The
13 last time –
14 THE DEFENDANT: I apologize, Your Honor.
15 THE COURT: — this matter was up, you
16 showed up at 1:45. I admonished you that the
17 courtroom starts at 1:30. The complaining witness
18 last time was here at 1:30.
19 I struck the warrant at that time that
20 had previously been issued because the complaining
21 witness was still here.
22 THE SHERIFF: Mr. Grodner, put your hands
23 behind your back.
24 THE COURT: You were warned once. I got a
Page 4
1 message that you were — you didn’t want to come
2 here because you wanted to wait for the press to
3 leave.
4 I don’t run my courtroom that way. You
5 have no regard for the Court. Bail is increased to
6 $20,000. Take him into custody.
7 State, I’ll either give him the eight-day
8 date; or, you folks can talk to him and see if he
9 wants to work something out.
10 THE DEFENDANT: We already have something
11 worked out, Your Honor.
12 THE COURT: Take him into custody. They can
13 talk to him through there.
14 THE SHERIFF: Let’s go, Mr. Grodner.
15 (WHEREUPON THE
16 DEFENDANT TAKEN
17 INTO CUSTODY.)
18 THE CLERK: 406, line 7. Jay Grodner.
19 THE COURT: Mr. Grodner, I understand that you
20 made some agreement with the State’s Attorney’s
21 Office.
22 THE DEFENDANT: Yes, sir.
23 THE COURT: I told them that it was my
24 intention to just give you the regular court date
Page 5
1 that I would for any other prisoner.
2 They said that they have reached an
3 agreement with you; and, so, I will attempt to
4 dispose of your case today.
5 THE DEFENDANT: Thank you, Your Honor.
6 THE COURT: All right. Mr. Kelly, what have
7 you — Mr. Grodner, I understand that you’re
8 entering a plea of guilty — Let me see the
9 file — to the charge of criminal damage to
10 property.
11 That you knowingly damaged the property
12 of Michael McNulty; such property being a 2002
13 black BMW, located at 7631 North Eastlake Terrace,
14 without consent in that you rubbed along the
15 passenger side of the vehicle causing scratches.
16 Is that what you did?
17 THE DEFENDANT: (No response.)
18 THE COURT: Mr. Grodner, I’m talking to you.
19 Is that what you did?
20 THE DEFENDANT: Yes. Yes, we have a
21 stipulation to the facts, –
22 THE COURT: Is that what you did; yes or no?
23 THE DEFENDANT: Without the “knowingly”, yes.
24 THE COURT: Sir, I’m asking you did you
Page 6
1 knowingly cause damage to this car?
2 If you say “no”, then we’ll set it down
3 for a trial date.
4 THE DEFENDANT: Yes, Your Honor.
5 THE COURT: You did. Thank you.
6 You realize that I could sentence you to
7 jail for up to one year. Fine you $2500. That by
8 pleading guilty, you’re waiving your right to a
9 jury trial. You’re not going to have a trial at
10 all.
11 Do you understand that?
12 THE DEFENDANT: Yes, I do.
13 THE COURT: You’re waiving your right to hold
14 the State to the burden of proving you guilty
15 beyond a reasonable doubt. You’re not going to be
16 able to cross-examine witnesses and to present
17 witnesses on your own behalf.
18 Do you understand that?
19 THE DEFENDANT: Yes, I do.
20 THE COURT: Now, is there a stipulation to
21 those facts contained in the complaint?
22 THE DEFENDANT: Yes.
23 THE COURT: Is that correct?
24 THE DEFENDANT: That’s correct.
Page 7
1 THE COURT: And, you have chosen to represent
2 yourself; even though, I continued this case once
3 for you to obtain an attorney. Is that right?
4 THE DEFENDANT: That’s right.
5 THE COURT: All right. And, –
6 THE DEFENDANT: My attorney –
7 THE COURT: — you are a licensed attorney
8 in –
9 THE DEFENDANT: I am, Your Honor.
10 THE COURT: — the State of Illinois; is that
11 right?
12 THE DEFENDANT: Yes, I am.
13 THE COURT: All right.
14 MR. KELLY: Your Honor, the State would
15 stipulate to the facts, also.
16 THE COURT: There’s a factual basis for the
17 plea. There’s a finding of guilty –
18 MR. KELLY: May we read that into the record?
19 THE COURT: What?
20 MR. KELLY: May we read that into the record?
21 THE COURT: Read what?
22 MR. KELLY: The alleged facts in this case.
23 THE COURT: Yeah. I did already, Pat; but,
24 I’ll read them again. I’m more than happy to.
Page 8
1 MR. KELLY: Thank you.
2 THE COURT: “That on December 1, at 7631
3 North Eastlake Terrace, the Defendant, Mr. Grodner,
4 knowingly damaged the property of Michael McNulty;
5 such property being a 2002 black BMW, located at
6 7631 North Eastlake Terrace, without consent
7 rubbed along the passenger side of the vehicle
8 causing scratches in violation of 720 5/21-1(a) of
9 the Illinois Compiled Statutes, in the City of
10 Chicago, County of Cook.”
11 MR. KELLY: So stipulated, Your Honor.
12 THE DEFENDANT: So stipulated, Your Honor.
13 THE COURT: All right. Finding of guilty.
14 State, what was the agreement that you
15 worked out with Mr. Grodner?
16 MR. KELLY: Subject to the Court’s approval,
17 we would recommend one year of Court supervision.
18 THE COURT: Social Services –
19 MR. KELLY: Social Services. Reporting for
20 the payment of restitution only. The restitution
21 would be in the amount of $600, Your Honor. That’s
22 to be paid on or before January 19, 2008.
23 Those monies will be donated by Social
24 Services to the Injured Marine Semper Fi Fund.
Page 9
1 THE COURT: January 19th only gives him until
2 tomorrow. Is he able to pay it today?
3 MR. KELLY: That’s my error, Judge. I’m
4 sorry. The 25th.
5 THE DEFENDANT: 2009?
6 THE COURT: January 25th?
7 MR. KELLY: That’s the probation. I looked at
8 the wrong one. It was January 25th of 2008.
9 Will you be able to pay it by then?
10 THE DEFENDANT: Suppose to be six months.
11 THE SHERIFF: Put your hands behind your
12 back.
13 THE DEFENDANT: Jesus Christ.
14 THE COURT: You’re the Defendant, sir. You’re
15 in custody. You have to behave as such.
16 Pat?
17 THE DEFENDANT: I’m trying to negotiate with
18 Counsel, Your Honor.
19 THE COURT: I know. Talk to him.
20 MR. KELLY: I’m sorry. That’s what I was
21 told. For the year.
22 THE COURT: Talk to him.
23 (WHEREUPON THE
24 ASSISTANT STATE’S
Page 10
1 ATTORNEY AND THE
2 DEFENDANT HAD A
3 DISCUSSION OFF THE
4 RECORD.)
5 THE COURT: Hey, if there is no agreement,
6 we’ll set it down for trial. I don’t have any
7 problem with that.
8 MR. KELLY: If we could just have one minute,
9 Your Honor?
10 THE COURT: Sure.
11 MR. KELLY: I believe we have — still have
12 an agreement, Your Honor.
13 THE COURT: All right. When is he going to
14 pay this money and what fund is it going to be
15 directed to?
16 MR. KELLY: It would be directed to the
17 Injured Marine Semper Fi Fund, on College
18 Boulevard, in Oceanside, California.
19 It’s a fund that’s used to treat and
20 rehabilitate Marines and other Service Members who
21 were injured, either physically or psychologically,
22 in the conflict between the United States and Iraq.
23 THE COURT: When is that going to be paid by?
24 MR. KELLY: January 25, 2008.
Page 11
1 Is that doable for you?
2 THE DEFENDANT: I don’t know. I wasn’t put
3 in the — It wasn’t put –
4 THE COURT: It has to be paid January 25,
5 2008.
6 What was the other part of the agreement?
7 Anything else?
8 MR. KELLY: No, sir.
9 THE COURT: All right.
10 MR. KELLY: Am I missing anything?
11 THE COURT: One year — Any community
12 service? Any fees or fines?
13 MR. BUNTINAS: Judge, we’re not asking that
14 the Court waive the $50 per month probation fee –
15 or, Social Services fee.
16 THE COURT: You are or you are not?
17 MR. BUNTINAS: We are not.
18 THE COURT: No. The fees won’t be waived.
19 MR. BUNTINAS: Right.
20 THE COURT: Are there any additional court
21 fees and costs –
22 MR. BUNTINAS: None, Judge.
23 THE COURT: — that the State wants to asses?
24 MR. BUNTINAS: None, Judge.
Page 12
1 THE COURT: All right. Mr. Grodner, because
2 the State has agreed to this, this is what I will
3 sentence you to. One-year Social Service
4 supervision and that would terminate 1-16-2009;
5 and, $600 restitution to be paid –
6 MR. KELLY: May I interrupt the Court, Judge?
7 THE COURT: What?
8 MR. KELLY: The Defendant has indicated that
9 he’s going to need a month. So, we’re changing the
10 agreement, if the Court will so allow, to February
11 25th of ‘08. One month.
12 THE COURT: Restitution to be paid 2-25-08.
13 Mr. Grodner, you have 30 days to withdraw
14 your plea. That motion must be in writing. It
15 must allege any error you deem to have occurred
16 during the course of these proceedings. Otherwise,
17 they’ll be waived on appeal.
18 Beyond that, you have 30 days to appeal
19 that. If you couldn’t afford to hire a lawyer, pay
20 for transcripts, we would provide them for you.
21 I need a signed Jury Waiver.
22 (WHEREUPON A JURY
23 WAIVER WAS SIGNED BY
24 THE DEFENDANT AND
Page 13
1 TENDERED TO THE
2 COURT.)
3 You’re fortunate, Mr. Grodner, that you
4 made that agreement with the State. My
5 understanding is that you caused damage to this
6 young Marine sergeant’s car because you were
7 offended by his Marine Corps license plates.
8 I’m going to tell you something, Mr.
9 Grodner. The Marine Corps license plates do not
10 involve anything dealing with an ego. The proceeds
11 go to the Marine Corps Scholarship Fund, which
12 provides scholarships for all children of all
13 Marines and Navy Corpsmen that fight and aide the
14 Marine Corps; and, a larger amount of money goes to
15 scholarships for those who have lost their lives.
16 You probably also wondered why there was
17 a whole crowd of people here today, Mr. Grodner.
18 THE DEFENDANT: I don’t want wonder.
19 THE COURT: That’s because there is a little
20 principle that the Marine Corps has and has had
21 since 1775, when they had fought and lost their
22 lives so that people like you could enjoy the
23 freedom of this country; and, that is a little
24 proverb that we follow: “That no Marine is left
Page 14
1 behind.”
2 So, Sergeant McNulty couldn’t be here;
3 but, other Marines showed in his stead. Take him
4 away.
5 MR. KELLY: Your Honor, lastly, the Defendant
6 asked permission of the Court to be allowed to
7 leave the State of Illinois periodically during the
8 period of his supervision.
9 We have no objection to that.
10 THE COURT: Mr. Grodner, you can leave the
11 State of Illinois periodically if you comply with
12 what the Social Services Department tells you to
13 do.
14 I’m telling you right now, if you violate
15 any conditions of this supervision, you’re going to
16 jail for 364; and, you can count on that.
17 Is everything filled out, Pat?
18 MR. KELLY: Yes, Your Honor.
19 THE COURT: Okay.
20 MR. KELLY: And, it has been — For the
21 record, it has been shown to the Defendant.
22 Your Honor, is there going to be a quash
23 and recall order on the warrant?
24 THE COURT: The warrant has been stricken at
Page 15
1 the State’s request.
2 MR. KELLY: Thank you, Your Honor.
3 THE SHERIFF: That’s it?
4 THE COURT: Take him back.
5 THE DEFENDANT: Bond remains at $1,000
6 recognizance, sir?
7 THE COURT: You’re going to be released, sir.
8 THE DEFENDANT: Thank you.
9 (WHEREUPON THOSE
10 WERE ALL OF THE
11 PROCEEDINGS HELD IN
12 THE ABOVE-ENTITLED
13 CAUSE.)
Comments
4 Responses to “A Few More Wins For the Good Guys”
Got something to say?
You must be logged in to post a comment.
Event Calendar
« Dec 
Feb » January 2008 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Podcast Feeds
-
In all that legalease, I didn’t see where the Sargeant got money to get his car fixed. But I did like the Judge!
I spoke with Sgt. McNulty’s brother after the hearing and I asked him why his brother didn’t ask to be reimbursed for the damages. His brother said Sgt. McNulty had already worked through his insurance company and the car was fixed. He said his brother just wanted his car fixed.
Personally, after talking with his brother, I got the feeling neither one of these fine fellows wanted anything more to do with Grodner.
After witnessing this creepy man, I can’t say I blame them.
I will almost bet that Grodner will see the inside of a jail cell before this is all over! This is a man who thinks he is above the law. As a mother, this is the kind of creep I always taught my kids to stay as far away from as possible.
If you could have seen the smile on his brother’s face after all these people showed up tp support Sgt. McNulty, you would know that all is well with Sgt. McNulty! God Bless The Band of Brothers!
Beverly Perlson
The Band of Mothers
[...] Comment on A Few More Wins For the Good Guys by bevperl I spoke with Sgt. McNulty’s brother after the hearing and I asked him why his brother didn’t ask to be reimbursed for the damages. His brother said Sgt. McNulty had already worked through his insurance company and the car was fixed. … [...]
Now it’s up to the insurance co. to recover from Grodner. I’m sure they’ll be very slack about that. Not.
Heh.