In Re Grand Jury January 246

651 N.E.2d 696, 272 Ill. App. 3d 991, 209 Ill. Dec. 518, 1995 Ill. App. LEXIS 404
CourtAppellate Court of Illinois
DecidedJune 7, 1995
Docket1-95-0631
StatusPublished
Cited by16 cases

This text of 651 N.E.2d 696 (In Re Grand Jury January 246) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Grand Jury January 246, 651 N.E.2d 696, 272 Ill. App. 3d 991, 209 Ill. Dec. 518, 1995 Ill. App. LEXIS 404 (Ill. Ct. App. 1995).

Opinions

JUSTICE CERDA

delivered the opinion of the court:

Defendant attorneys, Vincent Jones and LaCoulton Walls (the contemnors), appeal the trial court’s order finding them in direct contempt of court because they refused to testify before the grand jury about a conversation they had with a former client. Pending the outcome of this appeal, the imposition of the contemnors’ sentences has been stayed.

The facts are not in dispute. From October 1994 to December 28, 1994, the contemnors represented Beverly Heard, who had previously alleged and then recanted charges that she had had a sexual relationship with United States Congressman Mel Reynolds when she was 16 years old.

On June 2, 1994, Ms. Heard contacted the State Attorney’s office, reported that she met Congressman Reynolds when she was 16 years old, and had a sexual relationship with him. As a result of those allegations, Congressman Reynolds was charged with criminal sexual abuse (720 ILCS 5/12 — 15 (West 1992)) and child pornography (720 ILCS 5/11 — 20.1 (West 1992)).

Ms. Heard then recanted her allegations against Mr. Reynolds in three separate written affidavits. On June 15, 1994, Ms. Heard issued a one-sentence, written affidavit stating that she was "withdraw[ing] from any further investigation or prosecution of Mr. Mel Reynolds.” Later, on June 21, 1994, Ms. Heard issued another written affidavit withdrawing "any of [her] previous statements that Mel Reynolds and [she] had sexual intercourse when [she] was 16 years old.” Subsequently, on June 26, 1994, Ms. Heard issued a third written affidavit, two pages in length, in which she again recanted her previous allegations against Mr. Reynolds.

On June 28, 1994, and July 5, 1994, Ms. Heard testified before the grand jury. She restated the same information that she had previously told to the police and the State’s Attorney but also stated that the recantations in the three affidavits were true.

Thereafter, Ms. Heard issued a court-reported deposition dated December 28, 1994, in which she recanted her allegations against Mr. Reynolds. In the deposition, Ms. Heard gave the following testimony about her former attorneys, the contemnors:

"Q. And when you returned from Cleveland, did you have a conversation with the State’s Attorney or police department?
A. Yes, I did actually.
Q. Do you recall when and where that took place?
A. Well, this was at Jones and Walls’ office. I spoke with Andrea Zopp and Neal Goodfriend.
Q. And who was [sic] Jones and Walls?
A. Jones and Walls were my attorneys at that time.
Q. These were different attorneys that were representing you at that particular time?
A. Right.
Q. And when you spoke with Andrea Zopp and Neal Goodfriend at the office of Jones and Walls, do you remember the context of the conversation?
A. Well, they were just telling me how they have got him. They’ve got Mel and how they felt that I did a real good job on the telephone conversations and asked me did I have any questions or anything like that. And they were talking about other things, but they were sort of talking amongst themselves. They didn’t have anything much to do with me.
Q. When you spoke with the attorneys at Jones and Walls about representing you, did you talk with them in terms of in what context they would represent you?
A. Yes. They told me that they would do anything that I want to do, and I told them about I want to leave the investigation alone.
Q. What was their response?
A. Really, they didn’t want to get caught up in the power struggle between the assistant State’s Attorney’s office and the indictment of Mel Reynolds. They really didn’t want to get involved with that.
Q. Did they agree to represent you in any other matters?
A. No. Wait, but they did mention something about movies, no, actually books.
Q. There was some discussion?
A. Right, there was.
Q. Do you remember who initiated the discussion about books? A. Well, they were saying, you know, maybe it was time I got— They said something about Mel. Anyway Mel would end up paying for all of the things he did to me or something like that, something to that extent.
Q. There was some indication that there might be some financial benefit to you?
A. Oh, yeah, that’s what they were talking about, financial benefits, exactly.
Q. Do you recall approximately when it was that you had the conversation with Neal Goodfriend and Andrea Zopp at the Jones and Walls office?
A. No, I can’t remember. I believe it was maybe about two months.
Q. Approximately two months prior to today’s date?
A. Yes.
Q. So it would have been some time the end of October or something?
A. Maybe mid October, yeah, something like that.”

A transcript of this deposition was provided to and published by the media.

On January 13,1995, the State filed a motion to obtain subpoenas and compel the testimony of contemnors. In its motion, the State contended that the evidence sought from the contemnors would show "that Beverly Heard told her former attorneys Walls and Jones that she had met with the representatives of Mel Reynolds and had been offered $100,000 to change her testimony.”

In a hearing held on January 23, 1995, the trial court ruled that the deposition testimony operated to "waive the privilege as it might relate to anything that involved money coming to or potentially coming to Ms. Heard, legally or illegally.”

In a hearing on January 31, 1995, the court stated that it was informed that there were three conversations between Ms. Heard and the contemnors. During two separate conversations, financial matters were discussed. During another separate conversation, representatives from the State’s Attorney’s office were also present for a portion of the discussion. The trial court rejected the contemnors’ position that Ms. Heard’s deposition testimony referred to only one conversation in which financial matters were discussed and not both. The trial court ruled that Ms. Heard’s deposition answer was so broad that she waived her privilege to any discussion of money.

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In Re Grand Jury January 246
651 N.E.2d 696 (Appellate Court of Illinois, 1995)

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Bluebook (online)
651 N.E.2d 696, 272 Ill. App. 3d 991, 209 Ill. Dec. 518, 1995 Ill. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-grand-jury-january-246-illappct-1995.