DUers, will you join me in this Activist action right now?

[Maddy McCall]

A woman in Illinois needs your help right now!

Please consider phoning the judge's office to protest this second victimization of this rape victim and emailing the State of Illinois' Governor's Commission on the Status of Women to urge their involvement in this court case:

http://suntimes.com/output/news/cst-nws-rape01.html

Woman must view tape of alleged rape

March 1, 2006
BY BILL BIRD Naperville Sun

A Naperville woman's refusal Tuesday to view or comment under oath on a videotape that reputedly depicts her gang rape could end up derailing the trial of one of her accused attackers.

Fifth District Cook County Circuit Court Judge Kerry M. Kennedy has given the woman until this morning to decide whether she will answer a defense attorney's questions about the video.

The tape is considered by many courtroom observers to be the linchpin in the criminal case against Adrian Missbrenner, 20, of unincorporated Burr Ridge.

Missbrenner is charged with criminal sexual assault in the Dec. 7, 2002, incident in his parents' home. Three other young men, including one who reportedly has fled the country, also were charged.

The woman, now 20, was 16 at the time of the incident. She has said she went to a party at Missbrenner's home and lost consciousness after an alcoholic beverage chugging contest.

She said she awoke the next day to find herself naked from the waist down, with parts of her body covered with obscenities that had been scrawled with a felt-tipped marker.

Much more at: http://suntimes.com/output/news/cst-nws-rape01.html

***********************************
Judge Kerry Kennedy's (a DEMOCRAT!) contact info:

Hon. Kerry M. Kennedy
Firm: State of Illinois, Circuit Court, Cook County Judicial Circuit
Address: Richard J. Daley Center
50 Washington St., Room 1001
Chicago, IL 60602

Phone: [phone]
Fax: [phone]

E-mail: NONE
Web site: http://www.state.il.us/court/circuitcourts
http://www.cookcountycourt.org


Illinois Commission on the Status of Women's contact info:

Ellen Solomon
Office of the Governor
The Governor's Commission on the Status of Women
Executive Director
James R. Thompson Center
Suite 16-100
Chicago, IL 60601
312-814-5743

Erika Goodman
Office of the Governor
The Governor's Commission on the Status of Women
Special Asst. to the Executive Director
James R. Thompson Center
100 W. Randolph
Suite 16-100
Chicago, IL 60601
312-814-3940

[e-mail]

Rebecca Fyffe
Office of the Governor
The Governor's Commission on the Status of Women
Asst. to the Executive Director
James R. Thompson Center
100 W. Randolph
Suite 16-100
Chicago, IL 60601
312-814-8202

[e-mail]

****************************************

Sample email (This is what I just sent to Erika Goodman's email):

Hi, Ms. Goodman:
I read with interest this article in the Chicago Sun Times this morning. ( http://suntimes.com/output/news/cst-nws-rape01.html ) I am astonished that Fifth District Judge Kerry M. Kennedy is threatening the victim of this rape with contempt if she doesn't view the video of her rape. Any mental health professionals will tell you that this young lady is probably already suffering from Post Traumatic Stress Disorder, and the last thing that should be foisted upon her is a video of her own rape, and on top of that, the judge threatening her with contempt charges if she refuses to watch the video. Doesn't the video answer any questions that the victim CAN'T answer?

I am writing you with all urgency to request that you bring this to the governor's attention, and that the women's commission raise protests to this second victimization of this rape victim. I am eager to hear the women's commission's position on this case.

Thank you for your consideration,

Name
City/State

********************************

My next step is to call the Judge's office. Will you join me?

[blm]

1. Geez - where the fock is the compassion? Will call, Maddy.

.

[_testify_]

2. I will, but you have to edit your post first

Adrian Missbrenner is one of the alleged rapists, not the victim. The victim's name is probably being withheld, especially since she was only 16 when this happened.

:hi:

[Maddy McCall]

3. Thank you!

I need to correct my email, too. THANKS! :hi:

[_testify_]

5. My pleasure!

I read this in the Lounge and I couldn't believe it. If I were a family member of this girl I'd have knocked that judge and lawyer on his ass.


Also, you are one of my favorite posters, so thank YOU!!

[Maddy McCall]

7. Thank you, testify.

:hug:

[RebelOne]

4. Adrian Missbrenner is not the victim.

That the name of one of the rapists.

[Maddy McCall]

6. I had fixed that before you posted. So are you going to write and call?

That's the bigger issue, is it not?

[Maddy McCall]

8. Kick

[Maddy McCall]

9. UPDATE: Judge backs down.

Alleged rape victim won’t have to view tape

Tribune staff reports
Published March 1, 2006, 1:03 PM CST


A Cook County judge today backed off from his threat to send a woman to jail if she refused to view a videotape of her alleged rape, CLTV reported.

Judge Kerry Kennedy ruled the witness can continue her testimony without viewing the tape, CLTV reported. He also refused a defense request to dismiss the charges against the suburban man accused of sexually assaulting her.

On Tuesday, Kennedy had said he would hold the woman in contempt of court if she would not view the tape when the trial resumed today, prompting a lawyer for the defense to request that the case be dismissed.

The judge's action angered victims' rights advocates, and a group of lawyers worked overnight to prepare an argument to present to the judge this morning, according to Lyn Schollett, general counsel for the Springfield-based Illinois Coalition Against Sexual Assault.

"The court cannot knowingly inflict this kind of distress on a victim," Schollett said.

She said the group of attorneys argued in a legal pleading that making the woman watch the tape was an invasion of privacy under Illinois law and irrelevant to the case.

More at:

http://www.chicagotribune.com/news/custom/newsroom/chi-...

(free log in required)

[cry baby]

10. thank goodness he changed his mind...

[helderheid]

11. thank GOD.

[Maddy McCall]

12. UPDATE 2: Our calls and emails did help--hopefully in legislative changes

SPRINGFIELD – Governor Rod R. Blagojevich announced today that he would introduce legislation to prevent rape victims from having to view videotape of their assaults. The Governor’s announcement follows learning about the case of a Naperville woman who was nearly forced by the courts to view a videotape of her rape four years ago. Cook County judge Kerry Kennedy ruled today that the woman can continue her testimony during the trial of one of the men accused of her rape without viewing the tape.

“Judge Kennedy made the right decision when he ruled that the woman who was raped will not have to watch the video of her own rape. But it came too close. A victim of rape should never be forced to re-live the experience. The very idea of it is cruel. That’s why I have asked my policy and legal team to craft legislation that prohibits the courts from forcing a rape victim to watch or re-live the experience of her rape in court. This issue is simply too important to leave to a subjective decision on a case-by-case basis. Our lawyers are currently examining the Illinois Criminal Code. We will introduce legislation to amend the code because the very idea of subjecting a rape victim to something like this is appalling,” said Gov. Blagojevich.

On Tuesday, Judge Kennedy threatened to hold the victim in contempt of court if she refused to view the videotape. Attorneys argued this morning that forcing the woman to view the tape amounted to invasion of privacy under Illinois law and is irrelevant to the case.

The woman was 16 years old when she was assaulted and videotaped four years ago at a Burr Ridge home. The trial began Tuesday for one of the men accused in her assault. 20-year-old Adrian Missbrenner faces aggravated criminal assault and child pornography charges. According to published reports, three other men have been charged in connection with her assault. Burim Berezi of Brookfield fled the country after being charged and remains at large, 20-year-old Sonny Smith of Brookfield pleaded guilty to child pornography, and Christopher Robbins of Brookfield was acquitted of sex charges in March 2005.

Edit to add link: http://www.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=1&RecNum=4686