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Chicago City Wire

Tuesday, September 17, 2024

Cook County judge rescinds cellphone ban for double murder exoneree and law clerk

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Judge Peggy Chiampas speaking on panel | Chicago-Kent College of Law | Facebook

Judge Peggy Chiampas speaking on panel | Chicago-Kent College of Law | Facebook

Cook County Judge Peggy Chiampas has rescinded an order issued last October that banned Roberto Almodovar, a law clerk with the Bonjean Law Group and an exoneree of a double murder, from the Leighton Criminal Courthouse.

Judge Chiampas rescinded the order on August 8 in a “terse, one sentence ruling,” according to a Chicago Tribune report.

Last October, the judge threatened Almodovar with jail time, and then banned him from the courtroom for having a cell phone, which, she said was a violation of a standing order by President Judge Timothy Evans.


Judge Peggy Chiampas | Cook County

“I could hold you in direct criminal contempt of court and sentence you to six months in the Cook County Department of Corrections for violating an order that is established in this building…” Judge Chiampas told Almodovar, according to a motion filed by Almodovar’s attorney, Steve Greenburg to lift the ban.

“I don’t know what your motive is,” the judge said later in the questioning. “I don’t know what you think you’re doing, but I won’t tolerate that in this courtroom or in this building.”

The judge banned Almodovar from the building, “unless he has a case or is subpoenaed to appear.”

In his motion, Greenberg argued in part that law firm employees were exempt from Evans’ order.

A sheriff’s case report of the incident obtained by Chicago City Wire says that Almodovar cleared security carrying only his keys and his wallet. The report also said an “attorney representing Mr. Almodovar was seen handing the subject a cell phone” inside the courthouse.

“I observed the female later known as Jennifer Bange (attorney) retrieve a cell phone from her bag and hand it to a male later known as Roberto Almodovar in the corridor adjacent to the front door outside of courtroom 307,” according to the report.

Jennifer Bonjean, a high-profile plaintiffs’ attorney and owner of the Bonjean Law Group, is representing Almodovar in a separate case, an ongoing wrongful conviction lawsuit filed in federal court in April 2018.

When asked in an email if the “Jennifer Bange” cited in the case report was Jennifer Bonjean, an attorney with her New York office, Gabriella Orozco, responded that she “cannot confirm anything you have written here. Seems like you should check your sources to ensure accurate reporting.”

Cook County State’s Attorney Kim Foxx exonerated Almodovar in 2017. He is one over 250 exonerated by Foxx since she took office in late 2016.

In his 2018 wrongful conviction complaint, Almodovar alleged that Chicago police detectives framed him for the 1994 shooting deaths of Amy Merkes and Jorge Rodriguez, both 18. Another victim Jacqueline (“Jackie”) Grande survived the shooting and has maintained to this day that Almodovar was the shooter.

In his column “Crooked City" published on Substack, former Chicago police spokesman Martin Preib ripped into Chicago Tribune reporting of the Almodovar courthouse ban, and the characterization of Almodovar as a victim.

Preib wrote: “…Jackie [Grande] had this to say about Almodovar being deposed in the [civil] case:

“‘Jackie expressed to defense counsel . . . that she is afraid to appear for her deposition if Almodovar and [co-offender William] Negron are present. Specifically, she expressed she is afraid (1) for her own safety and well-being, as the parties would be traveling to Jackie’s location to conduct her deposition in-person after she has moved away from the Midwest, (2) that being physically present with the individuals she has repeatedly identified as having shot her and killed her friends will be very upsetting and fear-inducing, and (3) for the safety and well-being of her family, as they moved with her away from the Midwest to her new state of residence. Notably, during her testimony in Plaintiffs’ 2015 post-conviction proceeding, Jackie . . . testified that individuals purportedly representing Plaintiffs came to her home on numerous occasions uninvited and without notice. She testified that on one instance, a representative of Plaintiffs stuck their foot in her door and wouldn’t leave; and on another occasion, a representative of Plaintiffs first said she was an old friend of Jackie’s in order to get Jackie to come to the door and speak with her.’”

Finally, Cook County Judge James Linn was reportedly “stunned” when Kim Foxx’s office decided to abandon the case, leading to Almodovar’s exoneration.

“I'd never seen anything like this,” the judge said.

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