October 4, 1990
Joliet Correctional Center
Joliet, Illinois 60431
Thank You Richard.
In case you haven't heard, it was 12-0 my favor, and I owe part of this to you! The REPORT OF PROCEEDINGS that you wrote helped me out! You know, I've been looking for someone to relate this story to and I think you'll do just fine, if you don't mind here it is.
I showed the jury that the state's first witness was lying within my first three questions of cross-examination! Ya, it was just like the trial I had with you as the opposing attorney with only THREE EXCEPTIONS!
1. THIS TIME I HAD THE CORRECT JURY INSTRUCTIONS WITH ME!
2. I KNEW HOW TO LAY A FOUNDATION TO IMPEACH THE WITNESS!
3. I KNEW ABOUT THE TRICK CLOSING REMARKS BECAUSE OF YOU!
I was up against Casey Stengel. Toward the end of one of the short breaks at the trial, when Casey and I were the only ones in the courtroom, he turned to me and said, "You're doing a pretty good job." I turned back to him and replied "You haven't seen anything yet." His expression did show that I'd surprised him. I was referring to the fact that I possessed the correct Jury Instructions! I had seen the ones he had ready for me and knew what was wrong with them. If he had managed to use them I could have lost again. In case you don't know, and you probably do, the instructions that contain a personal name get the sympathy of the jury and remove the burden of proof the state has to meet! In other words, the state planned to use screwed up jury instructions again! I was ready, and I thank you!
This might not surprise you, I had evidence to show that Beverly and Ed Rusk are liars. I used the same police report that I tried using 7 years ago! This time there was NO objection! Casey could NOT object to it! Before the trial started I pointed out that the Silvis Police officers should have been there, when I pointed out how important they were Casey said, well if Beverly will admit to what was written down the police officers would not be needed. He came back to the room where the judge and I were and said it'd be no problem, she'll admit to it!
It was really something, that police report showed that they had lied to the police officers about me! PRIOR INCONSTANT STATEMENTS! Beverly tried to use the word "Visits" in the courtroom, just like she had done with the police officers! I said "Visit or Visits?" as a matter of fact I had to ask this a few times because she was avoiding the question! I waited for her answer to the singular version. If she hadn't I would have entered the REPORT OF PROCEEDINGS that you had written at this time.
My next question was "Have you ever invited me over to your house before?" She said, "She had not..." Right after this I turned to the Judge and said: "Your Honor, (pause) at this time (walked back to my table and picked up the REPORT OF PROCEEDINGS), I'd like to enter this as evidence!" It was GREAT! Casey ended up calling a private conference on this one. I admitted I'd jumped the gun a little bit because I had not yet laid the foundation to Impeach the Witness, but was planning to.
Anyway, after the trial restarted, I asked a few more questions under cross examination, then turned to Casey and told him to approach the bench. I then laid the foundation for my next line of questioning. It was to Impeach the Witness. I then entered the REPORT OF PROCEEDINGS!
That REPORT OF PROCEEDINGS ended up making the state look pretty bad! Maybe you remember, Beverly DID admit to inviting me over to dinner and this was the reason I went over there. It was about dinner time, but the time was never brought out!
I had two of my friends testify as witnesses this time. I used them to show that I have never mistreated ANY female. My ex-neighbor was used to point out that it has always been respect for Cheryl. The words Beverly has always used to describe me were shown to be far from truth! Even if Beverly had managed to sound more convincing about a phone call, I would have won the trial on MOTIVE alone!
As far as Cheryl is concerned, I asked her "Could you use the word courteous to describe me?" She answered "Yes Roger, you were courteous." This sure beats the story you made about me in that Report of Proceedings! You wrote something about me asking her if I'd always been as nice as I could to her! Cute, I know that I used the word "POLITE" and you altered it just like you did so many other things in that REPORT!
When Cheryl was asked what I did that was so upsetting she said something about following her home. I asked her "Where did this story come from?" She replied, "Her mom said this, her Mom said she saw me!"
MAN, the biggest LIE ever was started by her own MOTHER! I never followed Cheryl home, I know what really happened and that story is is NOT true. God, it's so far from the truth it's sickening! I've always said it was Beverly that kept Cheryl and I apart and NOW I KNOW for a FACT!
Other testimony showed that I had multiple phone calls to Cheryls house, as a matter of fact, since I live in Eldridge, my phone bill proved this! Poor Beverly, if she had known I had a phone bill that proved I had called Cheryl's house she wouldn't have tried to press charges!
When I was on the stand Casey was trying to find a motive for a 4am phone call. He asked me if the Perjury that the Rusk's committed at the first trial upset me! The only way I could answer this was "YES." He asked me again and I said "NO." He said, "Well which one was it?" I said "It was NO initially, it wasn't until I heard the Rusk lying so bad that, I figured, if it meant that much to them, I was going to let them win. I was going to turn right around and use the missing witnesses to prove PERJURY!" I then proceeded to remark "The best thing I did that whole trial was the trick I used to get Ed Rusk to admit that there were other witnesses present!" He asked me again if it upset me? "I said it wasn't Beverly that put a halt to the charges for PERJURY!" This stopped him cold in his tracks, I could tell, he then realized, it was YOU!
I have to mention Beverly's BIGGEST screw up! When Beverly started her testimony she mentioned a child 9 years old. I wrote this down in my notebook. It just so happened that this 9 year old child had been at an earlier Hearing to Quash Subpoenas, and said "There was NO phone call!" Anyway, when I tried to ask Beverly further questions about a 9 year old child, she said "She did not mention anything." I said I have it written down that you did! She denied it again! I was standing in front of the jury at this time. I then held up my notebook, and drew a box around the place where I'd made my note, then placed a ? inside the same box. At the same time I said "Hmmmm" loud enough for the jury to hear! I'm pretty sure this was the most critical error Beverly made. CHEATERS NEVER PROSPER.
I was leaving the courthouse a few weeks ago and Beverly was headed toward the stairs that go down into the basement. She was turning around looking at me, she ended up taking a very short step. This indicated to me that she had more than noticed I was there. I turned to her and said "If you want to talk, you can call me." She ended up blowing sky high! One of the things she mentioned was "Keep my grand-daughter out of this!" We might have been able to talk a bit more, but since she was yelling so much and about other things, I had to leave the courthouse!
Man I tell you, after hearing that Cheryl is only spreading more lies about me, I'm glad I've done so well at keeping my distance!
I want to tell you about the closing remarks. Casey tried to get rid of the court reporter for the closing remarks. I said "Not on your life, the closing remarks are the main reason for the court reporter." I mentioned what you had done to me during the closing remarks, where you used the word "reasonable" to describe the state's witnesses and that it was grounds for an appeal! Even after I had told this to Casey, he still ended up trying to build up the state's witnesses! I said o-b-j-e-c-t-i-o-n very drawn out! I had to smear that word all over what Casey was trying to say. The judge smiled at me and said that it was something the jury was supposed to decide. After sustaining the objection he asked Casey if there where any other things he wanted to say. Casey said he didn't. That was my only objection during the whole trial and it stuck like glue! I remember the look on Casey's face when he realized he was caught in that act! Thanks again, Richard!
In my closing remarks , I read this quote from Adolf Hitler:
The size of the lie is a definite factor in causing it to be believed, for the vast masses of a nation are in the depths of their hearts more easily deceived than they are consciously and intentionally bad. The primitive simplicity of their minds renders them a more easy prey to a big lie than a small one, for they themselves often tell little lies but would be ashamed to tell big ones.
Then I mentioned it looses something in the translation, but it says that a big lie is believed because the person doesn't think someone would have the guts to tell a lie that big! I then mentioned that "There has been evidence entered that they have used this technique to police officers." I guess I should have said "with police officers" but I was trying to indicate that there were "two" of them! I made very short closing remarks. After I was done, Casey said he had nothing further to say, it was sort of like he had forfeited.
I must say JUSTICE DOES PREVAIL! Beverly's lies have ended up turning against her, and look, who is the one sending things to the Third Judicial District Appellate Court? I had a court reporter this time, as soon as the transcript is completed I'm going to see about using it for a collateral attack to reverse the charges you managed to get against me.
NOW FOR THE BEST PART OF THIS WHOLE EVENT!
From the grapevine, I'd heard that Cheryl had been spotted at Venture. I remember thinking all next morning "I know where she's at!" During my lunch break, I ended up riding my motorcycle over to Venture and looking all around the store for Cheryl. I couldn't find Cheryl. After almost an hour, I decided to leave, but first I wanted to tighten the chain on my motorcycle.
This is where it all started. I saw a girl that had been in one of my classes at Blackhawk College. When I think about this, I realize I had been thinking "I know where she's at!" and the "she" turned out NOT to be Cheryl!
Anyway, I wasn't quite done with the chain yet, but I wanted to say "Hi" before she got into her car. I had most everything tightened down and took off after her. Since she had been detained just a bit by talking to someone else she knew, I didn't have to drive very fast to catch her. It wasn't till later that I tightened down the rest of the parts for my chain.
She remembered me, and appeared happy to see me. I couldn't tell if she was happy to see me or not, until she asked if I wanted to have coffee. We went back into Venture, and she left me very surprised when she made the offer to pay for my lunch! We had quite a talk. Turns out, because of her divorce, she learned quite a bit about the legal system.
I couldn't get her to give me her phone number, only the places that she worked. It wasn't till a few weeks later that she gave me her number. I told her that my day in court had been set. We talked a bit. When she found out the charges were being pressed by someone that works at the courthouse, she mentioned, not only was I up against a lawsuit but I was up against the whole courthouse! She was then more than willing to help me! She said to me, "Give me a call." I replied "I don't have your number." I ended up waiting quite some time for her to get off of work, it was worth it, I did get her phone number! I have to thank Beverly for this part!
I do think it's only fair to mention, this person's friendship means an awful lot to me. It wasn't Cheryl I was worried about in the courtroom, it was this other girl. I knew that the outcome of the courtroom meant an awful lot to her. She isn't real happy with the legal system and for her to see anyone that could beat it would thrill her to no end!
My actions in the courtroom were based on what she told me to do. We meet at a Village Inn once so she could loan me some of the books she has on the legal system. We ended up spending hours talking. She was very impressive with her knowledge on different subjects. I was even more impressed by some of the compliments she gave me. I thought about things later, ended up writing her a letter telling her how neat I thought she was.
The irony of this is: This girl, I call her Sam, is everything and more than I'd ever hoped Cheryl could be. She's honest, independent and has a lot of the same beliefs that I have. I didn't loose anything at all because of Beverly! As a matter of fact, because I've met such a sweet girl, I call her a female companion, I've got everything I ever wanted right now!
Again, thanks for everything, alls well that ends well.