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Judicial Watch • Karakrah Transcripts of Plea

Karakrah Transcripts of Plea

Karakrah Transcripts of Plea

Page 1: Karakrah Transcripts of Plea

Category:Legal Document

Number of Pages:17

Date Created:February 3, 2015

Date Uploaded to the Library:February 11, 2015

Tags:Karakrah, Terrorism


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STATE ILLINOIS
SS:
COUNTY COOK THE CIRCUIT COURT COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT CRIMINAL DIVISION
THE PEOPLE THE
STATE ILLINOIS,
PLa1nt1ff, NO. 158S2(O1)
VS.
EMAD KARAKRAH,
Defendant.
REPORT PROCEEDINGS had the hearing
the ab0ve ehtit1ed cause before the Honorable
EVELYN CLAY the 7th day January, D., 2015
PRESENT:
HON. ANITA ALVAREZ, States Attorney Cook County, by:
MS. CHERISE VALENTE
Ass1sLant States Attorney behalf the People;
HON. ABISHI CUNNINGHAM, JR.
Public Defender Cook County, by:
MS. KARIN TALWAR,
Assistant Public Defender beha1T the Defendant.
REPORTED BY;
Magdalena Perez, CSR O84 OO4569 Official Court Reporter
THE COURT: have before the court Mr. Emad
Karakrah. Attorney identify yourselves.
MS. VALENTE: Assistant States Attorney Cherise
Valente.
MS. TALWARI Assistanl Public Defender Karin
Talwar behalf Mr. Karakrah.
THE COURT: All right, what Kind date
this today? this status date possible 402
conference? what going on, Defense?
MS. TALWAR: were asking for 402 conference.
THE COURT: All right. Mr. Karakrah, understand
you wish have the Court conference your case; that
correct?
DEFENDANT KARAKRAH: Yes.
THE COURT: What that means the prosecutor will
tell the facts this case and your criminal
background any. Your attorney will tell facts about
your background that she deems relevant and helpful toward
disposition. After heard the facts the case and
your background. will then tell you what the sentence
would should you decide plead guilty. Now, you
decline the Courts offer, you will not able get
new judge assigned your case.
Mr. Karakrah, you understand all that just off record for the conference.
told you?
DEFENDANT KARAKRAH: Yes.
THE COURT: with that understanding you still
wish have the Court conference your case?
DEFENDANT KARAKRAH: Yes.
THE COURT: What have the
Very we1l.
prosecutor put the facts the record and then well
There are three charges
here. Are conferencing a1T three charges, State?
MS. VALENTE: Yes. The highest being class
three felony, your Honor
State, whats the facts
THE COURT: All right.
the case here?
MS. VALENTE: Certainly. Judge. the facts,
Judge. you aiso want the conclusion the facts
what the defendants criminal history is?
THE COURT: Off the record.
MS. VALENTE: Okay. Got it.
THE COURT: Right now were putting the undisputed
facts the record and those facts are what Consider
making offer
MS. VALENTE: That what wanted ask
Okay,
before gave the proffer.
THE COURT: Yes.
MS. VALENTE: Your Honor, believe that the
evidence would show that August 27th 2014
approximately 9:15 the morning this defendant was
driving his vehicle. was flying large flag outside the window that appeared modified Palestinian
national flag. The flag had been modified writing
some type black ink marker the word the
white field Officers from the Chicago police department
attempted stop the defendants vehicle and instead
led the police high speed chase some points going
between estimated miles per hour the city
streets, going through traffic lights, and various things
The defendant eventually did stop his car when
ran out gas. parked the sidewalk near fuel
station. had his hands raised got out the car.
and said the officers, dont have nothing that
would his quotation. which point once the defondan
was placed into custody and was asked what was the car said the officers, Theres bomb the car.
look for necessitating evacuating the area cordoning off, calling bomb squad, and conducting sweep
the car explosive devices were fact found. have copy photograph the flag
well some other evidence that was recovered from the
seat the defendant was sitting on. There appears some type metal bracelet with spikes and two
appear switchblade knives that would like
tender the Court for purposes the conference.
THE COURT: All right.
MS. TALWAR: Judge, understanding may?
THE COURT: All right. Yes.
MS. TALWARI that response question what you have the car was, theres bomb
look for it. wasnt exactly was response
question.
THE COURT: Youre saying wasn voluntary
statement?
MS. TALWAR: No. what saying think the mean one the problems with statements things
that you don have tone. when read that,
thought could possibly flippant kind of, Oh. Yeah.
Theres bomb the car. look for it. Especially
since already said dont have anything.
MS. VALENTE: And, Judge, just clear theres
nothing from the preliminary transtript that was held with
Counsel from the Public Defenders Office having gotten
discovery. Not this counsel obviously, but another one.
There was nothing about the officers tone the prelim
[and led them high speed chase.
nything the reports that indicated the officers
from the police department took flippantly since they
cordoned oft the area, had bomb squad come and the
defendant had modified terrorist flag hanging trom his car dont believe
that the police any fashion viewed this anything flippant anything less then extremely serious. which why was then fact charged, and believe can
sustain the class Ihree and class (our ielony.
MS. TALWAR: agree that they obviously took
very seriously.
THE COURT: Very well. Obviously. those two
takes that statement spread record. All right
Now off the record.
(Discussion held off the record.)
THE COURT: All right. Wefrc passing the case for
more information.
(The matter was passed and recalled,
after which the following
proceedings were hadz)
Mr. Karakrah again
THE COURT: All right.
before the court. started 402 conference earlier and inquired the probation sentence that the defendant
served New Mexico; that right? And that would have
been again What year that 09?
MS. TALWAR: 99.
THE COURT: And inquired whether not
that was completed satisfactorily.
MS. VALENTE: Judge, did actually speak both
,somebody from the DeAs office out Dona Ana County New
Mexico well their adult probation. This was
actually jury trial where the defendant was only found
guilty the lesser count fourth degree felony. And
from their review the computer system neither the D-A
office nor adult probation was able Find any indication
that violation had been filed that his probation had
been revoked any fashion.
THE COURT: All right, indication
violation ever filed.
MS. VALENTE: Correct.
THE COURT: All right.
MS. VALENTE: They couldn tell the
terminology that had been terminated satisfactorily
unsatisfactorily because their system didnt back that
far, but they indicated there was absolutely violations
filed and revocations from what that could see.
THE COURT: All right. believe there
clear presumption that was terminated satisfactorily
ording all these terms. All right. Off the
(Discussion held off the record.)
THE COURT: The Court has concluded the 402
conference and the Court has extended offer
Mr. Karakrah. Does your client wish accept the Courts
offer? TALWAR: Yes.
THE COURT: that correct, Mr. Karakrah?
DEFENDANT KARAKRAH: Yes.
THE COURT: First all, must advise you that youre not citizen the United States. you are
hereby advised that conviction this offense that you
want plead guilty may have the consequences
deportation. exclusion from admission the United States denial naturalization under the laws the United
States. you understand, sir?
DEFENDANT KARAKRAH: Yes.
THE COURT: you still wish forward with
your acceptance Court offer?
DEFENDANT KARAKRAH: Yes, maam.
THE COURT: Again, before take your plea must
advise you the nature the charges lhat youre
pleading guilty and the range penalties for each em. You charged with one count well, count one the charge giving false bomb alarm. Let see the
proper title for that. Thats class offense.
Officially its called disorderly conduct that you
issued false bomb gas threat. And that class
three felony offense. Illinois the penalty for violation class
three criminal statute ranges from probation
incarceration. The incarceration range class three
felony charge years the Illinois Department Corrections and that period imprisonment will
followed one year parole and parole now called
mandatory supervised release.
And now the second count, the count
aggravated fleeing and eluding the police, thats class
four felony offense. Illinois the penalty for
violation class four criminal stalule ranges from
probation incarceration. The incarceration range
class four felony offense years the Illinois
Department Corrections. And that period
incarceration will followed one year parole and
parole again now called mandatory supervised release.
Now your case, you may eligible for
extended sentence that New Mexico conviction months probation. certainly was not misdemeanor; that correct? MS. VALENTE: was not, Judge.
THE COURT: All right. That not clear, but
its possibility that you could extended six
years this class tour felony offense based that New
Mexico conviction being the same class this class
charge aggravated fleeing the police. you understand, Mr. Karakrah?
DEFENDANT KARAKRAH: Yes.
THE COURT: Now you understand all that just
told you, the nature the these charges. Youre charged
with class three giving ialse alarm and thats
disorderly conduct and class four aggravated fleeing the
police. And the range penalties for three and four
would probation incarceration. three its Four its and yod possibly could
extended six years. And those periods
imprisonment three and four would followed one
year parole.
Mr. Karakrah, you understand all that just
told you about the nature these charges that you wish plead guilty and the range penalties that apply?
DEFENDANT KARAKRAH: Yes.
THE COURT: with that understanding you still
wish accept the Courts offer and plead guilty these
two charges?
DEFENDANT KARAKRAH: Yes.
THE COURT: Mr. Karakrah, when you plead guilty charge, you give certain constitutional rights that
you have. One those rights your right trial
jury. you know what kind trial that is, jury
trial?
DEFENDANT KARAKRAH: Yes.
THE COURT: You have righi. Mr. Karakrah,
have that kind trial. Are you giving your right
have jury trial, sir?
DEFENDANT KARAKRAH: Yes.
THE COURT: The Court acrepts both your oral and
your written waivers your right have jury trial
You also have right have written report your
background available the Court before sentence
imposed felony charge. Now that written report
called presenlence investigative report. Are you
waiving your right have that prcsentence investigative
report available the Court today?
DFFENDANT KARAKRAH: Yes.
THE COURT: The Court accepts both your oral and :v.( w.e