January 19, 2008
In Other Cyber-vigilante News…. (updated); UPDATED AGAIN w/Transcript

Chicago attorney Jay Grodner pleads guilty!

– to vandalizing a Marine’s car, because of anti-military sentiment, inflamed by the Marine insignia printed on the license plates. He is sentenced to a year’s supervision by Social Services, will perform 30 hours of community service, pay $600 in restitution, to be paid tby February 25, to Social Services, but forwarded to the Injured Marine Semper Fi fund, and the $50 per month cost of Social Services supervision.

And he would have gotten away with it, too, unnoticed, unscorned, with a 6.9 hotness rating on Friendster, free to practice law without his fitness being reviewed by the Bar, and to repeat his behaviour, or worse….if it weren’t for that terrible social harm, the internet “outing” of bad acts and bad actors. Oh, and this “Blackfive” fellow. He’s like BATMAN! (original story link here)

Grodner was arrested when he appeared for court.

That’s because he telephoned the judge Assistant State’s Attorney Patrick Kelly, and said he would be late to court by about a half-hour…. just like the last time he was supposed to show for court. Flat tire? Broken leg? Major highway accident?….um no. Grodner stipulated he should prefer to wait to appear, until the press got tired and left. When he showed, Grodner was taken into custody and thrown in the pokey.

It should be an interesting court transcript – one is promised soon by on-the-court- scene commenter wp91.

_____UPDATE ________

John Kass of the Chicago Tribune has followed up with a Sunday feature on the Grodner vandalism episode – now available online

He was able to speak to Grodner, who described himself as a “radical liberal” who is ready to flee negative publicity in Chicago, and do some traveling in the South of France.

__________UPDATE UPDATE _______ Transcript of proceedings follow:

Apparently Grodner’s sentence does NOT include 30 hours of community service, or any court ordered community service at all; this innaccurate early report is likely due to the haggling over payment of the restitution, the time deadline for payment had to be extended 30 days because of Grodner’s inability to pay.

I’ll just excerpt that bit of the transcript here, the complete transcript follows the excerpt:

—————–

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.

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

i

9 Comments  :::   Post a comment »

  1. Comment by serr8d on 1/19 @ 1:56 am #

    Thrown in the pokey.

    Brings a smile to my stone face.

  2. Comment by SarahW on 1/19 @ 3:43 am #

    I wonder if they let him have his belt back for court.

    I think there must be something wrong with Grodner. I mean, as in, organic disease affecting his brain.

    He could not possibly be thinking rationally and believe a judge, any judge, would put up with hijinks like that, ever if Grodner hadn’t pullled the same stunt before and been severely chastised.

  3. Comment by serr8d on 1/19 @ 2:56 pm #

    An organic disease? If BDS and hating our troops is biological in nature, then we’ve an epidemic.

    I think activities such a s Grodner’s are sinisterly motivated (probably reflects on his upbringing), and of course just a response to Bush’s amusements. Natch.

    I’m sure Grodner has his supporters. I haven’t the stomach to search for them, but I can feel their presence…

  4. Comment by SarahW on 1/19 @ 7:03 pm #

    The BDS and troop hate is one thing, his method of demonstrating it, is another.

    I just think he may be more disinhibited because of loss of judgement and executive functions in the brain, for whatever reason. His whole life shows signs of downward spiral. And disrespect to the court, by an attorney, when of all persons he should know it is very much not in ones interest to display such disrepect, is a clue.

    It’s such a good thing that he’s been busted and put under supervision, and made to account for his acts. It will protect folks who otherwise might have hired him, and prevent him doing even more damage to the profession. Not to mention, the property of folks putting their private lives on hold, and their actual lives on the line, to protect us all.

  5. Comment by B Moe on 1/20 @ 1:59 am #

    “Grodner tells me he plans to leave for the French Riviera and get some sun.

    Sgt. McNulty will get some sun, too. In Iraq.”

    Because there are Two Americas, you see. Grodner lives in one, Sgt. McNulty lives in the other.

    Man, this is turning out to be a really shitty day.

  6. Comment by SarahW on 1/20 @ 2:32 am #

    I think the trip to France may be a fantasy. Or maybe he is telegraphing a plan to ditch his fine, his social services supervision, and run away. I have the idea his assets could be rather slim.

  7. Comment by B Moe on 1/20 @ 4:54 am #

    And now Sarah kicks sand in the face of my weak little ironic snark. I am just going to chug the rest of this bottle and pass out for the night.

  8. Comment by SarahW on 1/20 @ 7:12 am #

    No no, that was beefy, he-man, dynamic tension powered snark.

    But too late, you are passed out by now. Guilt.

  9. Comment by Pablo on 1/20 @ 5:52 pm #

    Grodner was late to court for the second time in the case. Grodner called Assistant State’s Attorney Patrick Kelly, (Marine Corps/Vietnam 1969-1972), informing Kelly that he would be late to court.

    I’ll bet that call was pretty funny. Marine prosecutor, Marine judge…an absolute classic. An epic fail.

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