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Anti-Military Lawyer In Court Tomorrow Today
[Update 01-20-08: Transcript of proceedings is posted after the Jump]
[Updates are at the end of the post. A Commenter is posting updates from court room. Grodner arrested, pled guilty, has 30 hours of community service and a $600 fine to be paid to the Semper Fi Injured Marine Fund.]
See this post for background - Anti-Military Lawyer Damages Marine's Car on Eve of Deployment
The court date is set for tomorrow, January 18th, at 1330 hours at the District 29 Court House on Belmont and Western. Unfortunately, I can't be there, but I will post updates when I get them.
Chicago Tribune's John Kass has two editorials on the case here and here.
This whole incident started and will end with one man - Jay Grodner. I hope he does the right thing by the Marine. This could all be over tomorrow...or not.
In case you were wondering, this case was brought to my attention and I tried, TRIED, to get anyone in the media to take the ball and run with it. Offered exclusivity, contacts, photos, reports, etc.
For a variety of reasons, no one wanted it.
So, as a resort of last measure, I posted it here at Blackfive (in the Bust Their Chops category) and emailed it to a few Marines I knew who would get the story out on their networks (thank you, Seamus, Jay and Joe). After thousands of emails, hundreds of comments, many offers of support (financial and moral), a few threats, and finally media interest, this story was one of the first big blogosphere efforts of 2008.
It got noticed everywhere.
Thank you to John Kass for covering the story. If you are so inclined, send him a thank you message for covering the story fairly.
In the end, though, it was the military family that brought this story to national attention. Soldiers, Sailors, Airmen, and Marines - us doggies, squids, zoomies, and jarheads - that refused to let this abuse go unnoticed. This is one of those times where we dropped the inter-service rivalry and stepped up for one of our own.
Civilian America rallied to our cause, too. I can't tell you how many emails I received from civilians in support of Sergeant McNulty. The reaction of Chicago Police and Firemen backing the Sergeant was astounding. Tons, and I mean tons, of lawyers sent offers to work pro bono and messages of support and advice for the Sergeant. I almost take back every negative thing I've said about their profession.
And, last...the most magnificent reaction was from the Viet Nam veterans. It was the most intense response from them that I've witnessed in a long time. I received more email - full of emotion and commitment - from Viet Nam vets that essentially said in various ways:
"We will not let what happened to us, happen to you, Marine."
I do not pretend to know what will happen tomorrow in court. Attorney Jay Grodner had asked for a continuance so that he could bring in some hired guns.
But I do know that my brothers that fought in Viet Nam are right.
We won't let this happen to you, Sergeant McNulty.
Update 230PM: As Commenter wp91 wrote:
The case was called at 13:33, and the Defendant did not show up. There were 2 heavy hitter State's Attorneys here to handle it. The Judge increased his bond to $20,000.00 or 10 percent cash, and put out a warrant for his arrest.
The Defendant called at 13:40 to say that he will be a half an hout late and was waiting for the media to leave. The Judge said in open court that if he does shows up he will be taken into custody, and if he doesn't he is fair game for any law enforcement agency that wants to pick him up. Will report further developments as warranted.
And I heard that Grodner was arrested upon showing up!
Update: Source says Grodner pled guilty, will pay $600 to Injured Marine Semper Fi Fund. The judge gave Grodner a history lesson about the Marines and finished with explaining why Marines have each others' backs...
Update 01-19-08: John Kass will have an article in the Sunday Tribune. Here is the online version. He was able to speak with Grodner. Here's a taste of pure Kass:
Judge O'Malley had something to say. He looked out into his courtroom, at all those men who'd come to support a Marine they didn't know.
"You caused damage to this young Marine sergeant's car because you were offended by his Marine Corps license plates," said Judge O'Malley.
Grodner stood there, hands behind his back. He grasped the fingers of his left hand with his right, and held it there, so they wouldn't wiggle.
"You're probably also wondering why there was a whole crowd of people here, Mr. Grodner," said Judge O'Malley...
Update 01-20-08: Transcript added below. For what it's worth, the prosecutors were vets - Patrick Kelly was a Marine and Arunas Buntinas was a SF Officer (and a very good one too if he's the same guy I knew 20 years ago).
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
XXXXXXXXXXXXXXXXX, 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.)
14
15
16
17
18
19
20
21
22
23
24
Page 16
January 20, 2008 • Permalink
Categories and Tags: Bust Their Chops
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Please keep us posted as events unfold at tomorrow's court session.
Posted by: Bucky Katt | January 17, 2008 at 01:26 PM
From Mike the Marine yesterday:
http://hallsofmontezumashoresoftripoli.blogspot.com/
[Sgt] McNulty might derive some comfort from the fact that the presiding judge is a former Marine. Circuit Court Judge William O’Malley was a lance corporal in the early 1960s and is known around the Chicago Courthouse for wearing a Marine Corps pin on his lapel and celebrating the Corps’ birthday each November.
Ooorahhhh...
Posted by: Lands’nGrooves | January 17, 2008 at 02:41 PM
Many 'anti' types think they are a law unto themselves & that's a problem.
Go military
Posted by: Ojoe | January 17, 2008 at 02:49 PM
The presiding judge is a Marine? Oh, that is rich! Me thinks that bottom feeder Grodner is going to have a very bad day tomorrow.
Jim C
Posted by: Jim | January 17, 2008 at 02:50 PM
"Tons, and I mean tons, of lawyers sent offers to work pro bono and messages of support and advice for the Sergeant."
Even though I am the kind of knucklehead that indulges in broad brush slathering of the lawyering profession with the misdeeds and abuses of the worst applied to the whole...
The above doesn't surprise me at all. There are double handed fist fulls of honestly decent, good and integrity driven folk in that industry.
But, in my own defense, attempting to say that every time an issue comes up causes all kinds of extra words need to be used, and my grasp of grammar is too dang weak to avoid all the run on sentencing and whatnot such nuances require.
That's also a lesson to any kids out there reading blogs. Study your dang language arts lessons! If you don't, you'll sound like an idjit when you grow up.
Semper Fi, Marine!
Ad Triarios Redisse!
Posted by: Grimmy | January 17, 2008 at 03:22 PM
How cool is it that the judge is a MARINE?? Damn ,I wish I could be in THAT court room tomorrow!! WELL DONE to ALL!!
Posted by: rick554 | January 17, 2008 at 06:26 PM
"We will not let what happened to us, happen to you, Marine."
You bet your sweet bippy, Blackfive!
Hopefully, he'll have the stones to man up.
Posted by: OldSoldier54 | January 17, 2008 at 06:58 PM
Ok, here's a lawyer joke. A dude goes to France to have himself cloned in secret. He brings the clone back to the states and his penthouse apartment and tries to teach hi to be his double. Unfortunately, the clone swears like a drunken Marine (Do they drink?) constantly. The man tries for weeks to calm the clone down and nothing. In a fit of rage one day he pushes the clone off the balcony and the clone falls to his death.
The cops show up and arrest him. During interrogation he tells the cops he hasn't committed a crime because the dude was a clone, not a real person. The cops go out and find a good lawyer who can come up with some way to charge they gay, and he does. He is charged with making an obscene clone fall.
Posted by: Cincinnati_Bob | January 17, 2008 at 08:44 PM
If it's true that the judge was a Marine Jay is in for a REAL BAD DAY!!!!
(I can only hope...)
Posted by: Old Tanker | January 17, 2008 at 09:14 PM
The Judge is in fact a Marine, and quite an active one. It is expected that there will be great interest in this case by the State's Attorney, Dick Devine, as well as the press. In fact, Devine might be there himself. They might be seeking a felony upgrade too.
I will be in the courtroom this afternoon and will report back what happens.
Posted by: wp91 | January 18, 2008 at 11:53 AM
The judge is a Marine - Oh this is classic. I can't wait to hear what happens. Let's all hope that slimy lawyer gets what he deserves.
GOOD LUCK Sergeant McNulty.
Posted by: RichardUSA | January 18, 2008 at 11:59 AM
Oh Gawd! I hope Sergeant McNulty remembered to get a fresh hair cut before he went in before this judge.
Former Marines are some of the harsher enforcers of the standards and expectations of our Corps.
Posted by: Grimmy | January 18, 2008 at 01:53 PM
The case was called at 13:33, and the Defendant did not show up. There were 2 heavy hitter State's Attorneys here to handle it. The Judge increased his bond to $20,000.00 or 10 percent cash, and put out a warrant for his arrest.
The Defendant called at 13:40 to say that he will be a half an hout late and was waiting for the media to leave. The Judge said in open court that if he does shows up he will be taken into custody, and if he doesn't he is fair game for any law enforcement agency that wants to pick him up. Will report further developments as warranted.
Posted by: wp91 | January 18, 2008 at 01:54 PM
Grimmy,
Again per Mike the Marine's blog
"McNulty reported to Camp Pendleton, Calif., on Jan. 2 and is expecting to ship out to Iraq soon. Prosecutors say his testimony is not necessary to move forward with the case.
“We feel we have enough evidence to proceed without” him, Conklin said (a spokesman for the Cook County State’s Attorney’s office)".
Posted by: Lands’nGrooves | January 18, 2008 at 02:32 PM
Wow, I love when Family comes together like this. Thanks for the report wp91.
Matt, as always, you're one hell of a guy!
Posted by: Maggie45 | January 18, 2008 at 02:57 PM
L'nG:
I wasn't aware of Mike's blog earlier. Thanks for the head's up.
Posted by: Grimmy | January 18, 2008 at 03:20 PM
The update: At 1400 hours the defendant showed up, and was told that he was half an hour late. The Judge stated on the record that the defendant had done the same thing during the previous court date, and he said that the defendant called and said that wanted to wait for the media to leave. The Judge said "That is not the way I run my courtroom." He increased the bail and took him into custody and told him to try and work out a deal with the State. About 25-35 marines and assorted military were there.
The case was recalled at 14:22, and the State said that the defendant had asked for permission to put his belt and such back on. The Judge said, "Treat him like all the other prisoners." The defendant was brought out and the plea deal that they had worked out was entered into the record.
The Judge asked him if he had committed the specific acts he was accused of. The defendant hemmed and hawed, and the Judge raised his voice to make him say yes or no. The defendant agreed, and the Judge read the facts into the record. Several times, the Judge said if there were no deal, he would be given a court date just like any other defendant, and he could try and make bail soon.
The deal: 1 year Social Service Supervision, restitution of 600 dollars to be paid to Social Services and which would go to the Injured Marine Semper Fi fund, to be paid by February 25th, 2008, and $50/month in supervision fees.
The Judge then, in as angry a voice as I have ever heard him use, scolded the defendant, saying that the Marine license plates the complaining witness had were not vanity plates or about ego, but the proceeds go toward the Marine and Navy scholarship fund for the children of fallen soldiers, sailors and marines. These Marines protect his very existence "so people like you can enjoy their freedom." He further said that the reason there were so many in the courtroom and so much public interest is that the Marines have a tradition since 1775 that "No Marine gets left behind." Several Hoorahs in the courtroom.
And then the deal was done, and he was taken away by the sheriffs to be released later.
If there are any questions, I can try and answer them...
Posted by: wp91 | January 18, 2008 at 03:36 PM
wow it has to suck to be this guy he got spanked...spanked hard
Posted by: HalfTroll | January 18, 2008 at 03:51 PM
To quote Ice Cube:
"Today was a good day"
Cordially,
Uncle J
Posted by: Uncle Jimbo | January 18, 2008 at 03:58 PM
I can't seem to stop grinning. A Marine for a judge. Luv'n it!
Posted by: Sue | January 18, 2008 at 04:25 PM
I have spoken to the court reporter. She has already received many requests for transcripts, which usually cost a bit. As the complaining witness is a serving Marine, and given the level of interest, she has said that she would give me a copy, and I can post it. When I have it, so will you.
Posted by: wp91 | January 18, 2008 at 04:38 PM
Outstanding wp91. Thank her from all of us.
Posted by: Grimmy | January 18, 2008 at 04:42 PM
Thank you, both wp91 and Sue.
I'm confused - Grodner has to pay restitution of $600 to the Semper Fi fund (certainly a worthy cause) but he doesn't actually have to pay to fix the car?
Posted by: dsinope | January 18, 2008 at 04:52 PM
Thank you, wp91, for the play by play reporting!
Posted by: Pat in MN | January 18, 2008 at 04:58 PM
I wonder why the judge didn't order Grodner to pay the cost of the repairs? I think he should have had to pay the $2,400 to have the car repainted.
Posted by: gryphon | January 18, 2008 at 05:10 PM
"I think he should have had to pay the $2,400 to have the car repainted."
I agree, but 1,200 total isn't small potatoes, plus court costs.
And his life's been pretty screwed...
...
Oh, and the Marine could sue him for slander for what he said to the cop. :)
Posted by: Scott | January 18, 2008 at 05:20 PM
What does Grodner look like? Anyone have a picture? I have a picture in my mind.
I read on MM's page that this puke his a history of election tampering.
Why was the sentence so light? This guy should have spent some quality time in the brig!
And finally, is he going to pay for the repair of the car?
What happens if he fails to carry out his sentence? Will he be put in the brig?
Inquiring Marines want to know!!!!
Posted by: winemkr | January 18, 2008 at 05:23 PM
This is great. It is so good to hear of a REALISTIC Judge. Even at that, I think that Grodner got off easy. He should thank the Judge and the District Attorney for not coming down harder on him.
I am also curious though about the cost of repairing the Marines car.
Posted by: RichardUSA | January 18, 2008 at 05:24 PM
The actual damage to the car is a civil matter. What he got hit with today was the criminal penalty for vandalism.
I'm sure a lawyer can be found to sue this dork on behalf of the Marine in question.
Posted by: Kristopher | January 18, 2008 at 05:31 PM
"What happens if he fails to carry out his sentence?"
It can very from judge to judge, and city to city here in IL, but something tells me that if the check hasn't cleared by Feb 25th, he'll have a warrent out for his arrest, and he'll get the absolute max.
Plus some for contempt. I get the feeling this judge isn't playing around with this jerk.
As for the car repair, I think it will be VERY easy for the Marine's Insurance company to go after this jerk for everything. After all, he admitted it...
Posted by: Scott | January 18, 2008 at 05:35 PM
Paying for the Cost of the Car Repair -- If the good Marine had Comprehensive Ins.... it's been paid for minus the deductible by his Insurance Co. The insurance company lawyers will effect recovery. That's what you pay premiums for, and Ins. Co. Lawyers can be really good at recovery.
Since the good Sgt. McNulty USMC is overseas, some one in Chicago or its environs needs to be the self appointed Chairman to it that his Insurance company is notified, that they assign a case lawyer for recovery and to be sure it is taken care and get all the paperwork copies for the Sgt. so the claim isn't charged against McNulty's Insurance record.
Posted by: ScottsCove | January 18, 2008 at 05:35 PM
If he's a State Farm guy, I know someone who would LOVE to know about this...
Posted by: Scott | January 18, 2008 at 05:38 PM
"The Judge then, in as angry a voice as I have ever heard him use, scolded the defendant, saying that the Marine license plates the complaining witness had were not vanity plates or about ego, but the proceeds go toward the Marine and Navy scholarship fund for the children of fallen soldiers, sailors and marines. These Marines protect his very existence "so people like you can enjoy their freedom." He further said that the reason there were so many in the courtroom and so much public interest is that the Marines have a tradition since 1775 that "No Marine gets left behind." Several Hoorahs in the courtroom."
That is awesome.
And has me concerned. If I thought that Grodner had a shred of decency in him, I'd figure that he'd take his lumps, lesson learned, and move on. Since I don't think he does, my concern is that he'll use these statements to appeal based on conflict of interest for the presiding judge. Hopefully, that isn't a realistic possibility, but...
Posted by: douglas | January 18, 2008 at 05:47 PM
I wonder what arrangements were part of the plea deal.
It may be Grodner has made restitution for the cost of the repairs voluntarily, and the $600 restitution is a kind of "punitive damages" without resort to a civil trial.
That matter in civil court would now be res adjudicata and McNulty would an automatic win for the cost of repairs and possibly additional damages to punish the malicious act.
Obviously the Sgt has more pressing matters to attend to.
I wish I were privy to what went on with the agreement, but I suspect it was crafted to avoid further hassle for Sgt McNulty,
Perhapst the car has been repaired gratis for the Marine, and the actual cost in time and labor of the shop who did repairs has been used to set the restitution "fine", and all parties wish the Marines to get it.
If anyone knows the particulars, I would be glad to know them.
Posted by: SarahW | January 18, 2008 at 05:55 PM
If the Sgt. McNulty didn't have comprehensive coverage on this car, then Sgt. McNulty will need to file a civil action in court, usually within a year, and I don't know what power of attorney he'll have to file in order to recover using a Chicago based attorney ...
... But he could probably use some help with that ...
... and be sure to keep Robert Kaas informed at the Chicago Tribune.
Posted by: ScottsCove | January 18, 2008 at 05:57 PM
The judge is not just a former Marine. He is also a former defense lawyer. So perhaps his " interestedness" is nicely balanced.
Posted by: SarahW | January 18, 2008 at 05:58 PM
"No Marine gets left behind." Hoorah. USAF Retired
Posted by: scrapiron | January 18, 2008 at 06:01 PM
Has anyone filed an ARDC (Attorney Registration and Disciplinary Committee Complaint on Grodner? I am attorney in Illinois and he is a disgrace to our profession.
Posted by: CheapSeats | January 18, 2008 at 06:02 PM
"Since I don't think he does, my concern is that he'll use these statements to appeal based on conflict of interest for the presiding judge"
Nope.
It's a plea deal. Judge only accepts it or denies it.
And again, The Marine could still sue for slander. I don't think he would, but he COULD...
And if he were to sue for the cost of repairs, he could simply use Small Claims Court with out a lawyer - since the guy plead guilty would be an automatic win, and Small claims does not require an attourny.
Posted by: Scott | January 18, 2008 at 06:02 PM
CheapSeats, Kass reported last week that indeed he was under investigation.
Posted by: Scott | January 18, 2008 at 06:04 PM
If the Sgt. McNulty didn't have comprehensive coverage on this car, then Sgt. McNulty will need to file a civil action in court, usually within a year, and I don't know what power of attorney he'll have to file in order to recover using a Chicago based attorney ...
... But he could probably use some help with that ...
... and be sure to keep Robert Kaas informed at the Chicago Tribune.
Posted by: ScottsCove | January 18, 2008 at 06:07 PM
If the Sgt. McNulty didn't have comprehensive coverage on this car, then Sgt. McNulty will need to file a civil action in court, usually within a year, and I don't know what power of attorney he'll have to file in order to recover using a Chicago based attorney ...
... But he could probably use some help with that ...
... and be sure to keep Robert Kaas informed at the Chicago Tribune.
Posted by: ScottsCove | January 18, 2008 at 06:08 PM
Ahhh, life is good.
Thanks wp91 and of course Matt. This is simply outstanding.
Posted by: MaryAnn | January 18, 2008 at 06:10 PM
With the information available to this "lawyer" and the urgent nature of that information I'm disappointed waterboarding wasn't employed to explore the extent of his involvement.
Or a cattle-prod. I'd settle for a cattle prod.
Posted by: DANEgerus | January 18, 2008 at 06:14 PM
Either the Judge is a fool (this is Chicago, right?) or a buddy of Grodner.
The Judge should have given Gordner the maximum jail time and the maximum fine. Then stayed all of it except $600 ON CONDITION that Gordner himself pay full restitution to Sgt. McNulty for all the damage done to the car within 30 days. That way there is no insurance claim and the Sgt. doesn't see his rates raise (and the deal is done in 30 days). Otherwise, the p**** can enjoy an evening or two in the Cook County Jail (where he'll get no sleep at all).
Posted by: F4GIB | January 18, 2008 at 06:25 PM
MISSION ACCOMPLISHED! A win for the good guys!
Next socialist?
Posted by: JD | January 18, 2008 at 06:28 PM
I'd settle for the complete destruction of his legal career. If he has to spend a little time in the can entertaining Big Bubba ... well, all I can say is too bad, so sad.
Deal with it.
Maybe next time, you'll keep your key either in the ignition or in your pocket.
Posted by: OldSoldier54 | January 18, 2008 at 06:37 PM
One of my rougher days just became one of the BEST DAYS OF MY LIFE because of this. I couldn't be prouder to be associated with you folks here any more than if you were all my children. And I cannot stop smiling about this.
Thank you all for taking up the torch for SGT McNulty, and for treating this event with the dignity and determination our Military Men and Women deserve. You will all eat lamb in paradise, and drink milk and honey in Heaven.
Thank you.
Subsunk
Posted by: Subsunk | January 18, 2008 at 07:09 PM
Well Done, Sir!
The internet is often full of evil and vile things; but only through the internet can the folks really be heard on the finest of issues. Black Five has lived up to his reasons for starting this blog and then far exceeded them.
It is through efforts like this that America will not be allowed to let a small minority disparage the military as it did following the Viet Nam War.
By our love for our Brothers,our love for our country, our constant vigilance and determination and by the grace of God...indeed.
Posted by: Quilly_Mammoth | January 18, 2008 at 07:10 PM
Cost to repair the car - $2400
Fine paid to Semper Fi - $600
Cost of Supervision - $600
Having this go before Former Marine Lance Corporal and Current Circuit Court Judge William O’Malley and having him spank his ass like a spoiled little child....
PRICELESS
Posted by: MO | January 18, 2008 at 07:44 PM
"Either the Judge is a fool (this is Chicago, right?) or a buddy of Grodner."
You go right ahead and tell Former Lance Corporal, The Honorable William O’Malley he's a fool.
The judge didn't set the punishment, it was agreed upon my the prosecutor and the defendant. The judge accepted the plea most likely because he KNEW that it meant any civil action regarding the cost of the car repair would win automatically.
That Marine ain't stupid. This is better than a trial, which any prosecutor will tell you, is never a sure win.
Posted by: Scott | January 18, 2008 at 08:19 PM
i took the liberty of contacting the reporter at the North County Times
http://www.nctimes.com/ who covers Pendleton, and pointed him at the story here....
with any luck, he'll get a hold of Sgt McNulty and get some feedback. that's, of course, if he covers the story at all, but since it'd be a popular article for their audience, it's fairly likely.
i also emailed the Pendleton base CO with similar info.....
(yes, i'm a busy little $hit. %-)
BTW: i second Scott on his interpretation of the judge's actions. the less than honorable Jay Grodner has admitted to a felony in open court. with any luck, he'll be disbarred.
red in the PRC
Posted by: redc1c4 | January 18, 2008 at 08:45 PM
No Red, just a misdemeanor.
But enough to make him 100% culpable for the repairs, and I BELIEVE it means he admits to what he said to the cop ("he's only accusing me because he hates jews" or words to that effect). Which means, as I have said, means further lawsuits.
But I'll settle for him getting his ass disbarred.
And DANE, why must you limit yourself? Why can't we use the cattle prod WHILE we waterboard? You think to SMALL man! :)
Posted by: Scott | January 18, 2008 at 08:56 PM
"The deal: 1 year Social Service Supervision, restitution of 600 dollars to be paid to Social Services and which would go to the Injured Marine Semper Fi fund, to be paid by February 25th, 2008, and $50/month in supervision fees."
Happy birthday to me! This is music to my ears! As a former military wife (hubby was US Army) all I can say is that this couldn't have happened to a nicer fellow.
LL
Posted by: Lady Logician | January 18, 2008 at 09:00 PM
i stand corrected on the misdemeanor vs. felony issue, since it was subject to upgrade..... that must have been one of the hammers in getting $hitbird to cop a plea.
unless the judge went there when he didn't show up. %-)
red
Posted by: redc1c4 | January 18, 2008 at 09:05 PM
"The judge is not just a former Marine. He is also a former defense lawyer. So perhaps his "interestedness" is nicely balanced."
He was also a former Police Officer as well. He is law and order.
"Either the Judge is a fool (this is Chicago, right?) or a buddy of Grodner.
The Judge should have given Gordner the maximum jail time and the maximum fine. Then stayed all of it except $600 ON CONDITION that Grodner himself pay full restitution to Sgt. McNulty for all the damage done to the car within 30 days. That way there is no insurance claim and the Sgt. doesn't see his rates raise (and the deal is done in 30 days). Otherwise, the p**** can enjoy an evening or two in the Cook County Jail (where he'll get no sleep at all)."
Well, I have to say you are wrong. The Judge is neither of these. It was a good deal for the Defendant, but not because of the cheapness of the deal. The insurance company has a subrogation action against him for the claim, as so they will recover their repair money, particularly with his stipulation to the facts of the incident. And his career is screwed. What he avoids is further publicity. He already failed at the main rule of the Internet: never make anonymous angry.
Remember, that although his motivation for the act was despicable, it was just a criminal damage to property case. In Cook County it is rare for someone to go to jail for this. He will be monitored by the social services dept. and if he doesn't pay, he can look forward to, as the Judge said, "...364 days in jail. Count on it." His "career" is likely over, and now with the internet interest, he is quite notorious.
Posted by: wp91 | January 18, 2008 at 09:14 PM
Scott, just to thank him properly, it's John Kass, not Robert. ;)
Posted by: kathianne | January 18, 2008 at 10:08 PM
The fact that this moron Grodners career is most likely over is perhaps the best justice of it all. Having said that, I hope he misses a payment and does jail time. Bubba needs a friend and that would be justice that fits this kind of lowlife.
Posted by: RichardUSA | January 19, 2008 at 01:58 AM
The part I find most annoying is Grodner's cowardice. He knew the Marine was restrained by honor, freeing Grodner to play the school-yard bully, when your average citizen would have responded with violence.
But for Grodner to play the 'victim' card... to falsely accuse this honorable Marine of anti-semitism... well...
Cattle-prod 'liberally' applied.
Posted by: DANEgerus | January 19, 2008 at 02:42 AM
Something tells me Grodner didn't have much of a legal career to begin with. There are lots of lawyers out there that barely eek out a living because they are, in fact, not so bright.
As for appealing his conviction based on Judge O'Malley's alleged bias, good luck with that. The guy plead guilty. Those don't get overturned except in truly bizarre circumstances. Ask Sen. Craig.
Posted by: HerrMorgenholz | January 19, 2008 at 04:25 AM
BRAVO to the Judge and the Marine. One for the good guys. Now for a quick story: You can probably tell by my screen name what I do for a living. Well, a short time ago a complaint was issued against me by a motorist. I treated him w/ the utmost respect on a stop but he thought otherwise and filed a formal complaint against me. The complaint was "sustained" by my supervisor and I was appropriately spanked on the weenie by my barracks commander. Of course I disagreed but, being a good soldier I took my lumps and drove on. Anyway, "complainer boy" took his ticket to trial and proceeded to display the same attitude in front of the judge that he had displayed during the initial stop. He did not know that the judge is a retired Marine 0-6 (I knew that, tee, hee) and when the trial was complete "complainer boy" went home with a $500 fine (raised from a standard $72.00) and a 30 day license suspension. When he asked the judge about why the fine had been raised he was told "because of your attitude!!!". God Bless that man and God bless the Marine Corps (the Army will always be first in my heart though)!!
Posted by: NH Trooper | January 19, 2008 at 06:04 AM
Oh, that's just delicious....
Posted by: SemperFi Wife | January 19, 2008 at 07:55 AM
I absolutely love this story but, one thing bothers me. My father was in the Navy during Vietnam and told me that his life was saved by 6 marines. Throughout my life, whenever he heard someone say "former Marine", he would go ballistic. It would at times reduce him to tears explaining that Marines are deemed by God to live and die as Marines and that no creature shall ever disrespect a Marine while he draws breath. Dad is gone, but his lesson lives in me. There is no such thing as a "former" Marine. Respectfully submitted for your review.
Posted by: Casper the Friendly Host | January 19, 2008 at 08:55 AM
Hello:
Remeber what Limbaugh did to Harry Reid back last year; when he auctioned that letter from Reid of on e-bay and made millions for the MCLEF? Why not try to do something similar with this...
That would sting this F**K good!
My two cents
Posted by: Godfrey1099 | January 19, 2008 at 09:04 AM
One little nitpicky thing though..
It's Injured Marine Semper Fi Fund..:)
Posted by: SemperFi Wife | January 19, 2008 at 09:27 AM
Hey, everyone, it's not a Jewish thing to hate the military. I support the military strongly, as do many Jews. What Grodner did was an asshole thing and assholes will claim anything, like anti-Semitism or racism or anti-Islam or even anti-Christianity, to get out of the consequences of their actions. Jews know the value of a strong military in protecting our freedom--that's why Israel is our only ally in the ME, on the frontline against the new fascism. But why isn't this Grodner guy being disbarred?
Posted by: racheljc | January 19, 2008 at 10:31 AM
And I forgot to say that I hop McNulty sues Grodner for defamation for calling him anti-Jewish, unless McNulty actually is anti-Jewish and has committed anti-Jewish acts or made anti-Jewish statements publically. And if I lived in Chicago near Grodner, I'd go picket his house. I tried to call his office but the number was disconnected. I found his home address searching http://www.yellow.com/white.html (his ZIP Code is 60626) but no one answered and no message capability. I wanted to say, "Shame on you, you immature 55 year old asshole."
Posted by: racheljc | January 19, 2008 at 10:45 AM
Well, the blogworld rocks, period. I posted it at my spot...Don't have a clue how to track back or digg...so go here and read what others have said as well.
The "Featured post section" (Marine Needs Back-up/Scumbag Lawyer Arrested!!)
It was a pleasure to spread the word...hoo-ah!!!
http;//neestake.townhall.com/default.aspx
Posted by: defendusa | January 19, 2008 at 11:24 AM
"But why isn't this Grodner guy being disbarred?"
In Illinois, it can take years for complaints to even get investigated. The fact that they are already on this guy suggests it won't be long, but for a final decision it could very well be 2009 or 2010.
Just the way the system works.
Illinois might not be a bastion of Conservitism (by any stretch), but it's really pro-military. We have the Navy's only boot camp, and the mayor of Chicago is really pro-troops. You don't screw with the military in IL and get away with it for long, because a lot of folks end up here when they retire (IL doesn't state-tax federal income)
Posted by: Scott | January 19, 2008 at 11:28 AM
SemperFi Wife said:
There is no such thing as a "former" Marine.
Being the child of a former Marine who served in WWII, with two former Marine brothers who served during Vietnam, and retired Navy myself, that's the only term I've ever heard used. I was always told to NEVER use the term "ex-Marine", because there is no such thing. "Once a Marine, Always a Marine" In fact, throughout my career, during joint duty assignments, if I used the term "former Marine", current Marines would often comment that I had been "trained well". When I would smile and say my Dad and both brothers were former Marines, they would laugh and say, well apparently not trained well enough, because you joined the Navy! Always in good fun. But I never got the impression that the term "former Marine" was ever unacceptable.
Hopefully this idiot Grodner has learned a lesson. Although, in my experience, idiots like that seldom do.
Posted by: MiHoMiPa | January 19, 2008 at 01:40 PM
Photo of the moron?
http://www.moonbattery.com/archives/2008/01/another_jay_gro.html
Posted by: HasBeen | January 19, 2008 at 02:46 PM
MiHoMiPa,
I didn't say that. Someone else did.
FWIW, I agree. Ex-Marine is the offensive term and we use it to describe people like Murtha.
Former Marine is acceptable as far as I know.
Posted by: SemperFi Wife | January 19, 2008 at 02:55 PM
Should I have used "trackback" to post that last entry? If so, sorry for the (I think) breach of etiquette. Never commented before.
Posted by: HasBeen | January 19, 2008 at 03:00 PM
I found the updated story, after the hearing, on the Chicago Tribune's website.
So I sent it off to Drudge. Let's see if he mentions it...
http://www.theundergroundconservative.com/
Posted by: curiozities | January 19, 2008 at 03:02 PM
Judge O'Malley did an outstanding job. I'll bet he insisted on trying this case to make a point.
Guys like Gordner seem to be accident prone and fall down a lot. It happens all the time. This arrogant little prick is going to pull another stunt on someone who has less self restraint than the Sgt. McNulty and his attitude is going to get him seriously hurt.
As Mr. T used to say, "Pity the fool!"
Posted by: Arch | January 19, 2008 at 04:06 PM
I totally love John Kass! Grodner used his "inside voice". LOL Great article. Great job, everyo