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People v. Tomashevsky

OPINION FILED JUNE 24, 1971.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

ROBERT TOMASHEVSKY ET AL. — (KATHIE BOUDIN ET AL., APPELLANTS.)



APPEAL from the Circuit Court of Cook County; the Hon. JOSEPH A. POWER, Judge, presiding.

MR. JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT:

This appeal is taken from a purported judgment order of the circuit court of Cook County sentencing the appellants, Kathie Boudin and Jean Yonemura, to five-day jail sentences, respectively, for contempt. Constitutional issues are raised. 43 Ill.2d R. 603.

The appellants were among numerous defendants who had been indicted for the offense of aggravated battery. On November 14, 1969, the appellant, Boudin, appeared before the trial judge to whom the cases were assigned and filed a motion for substitution of judges. The motion was allowed and the case was transferred back to the presiding judge of the criminal division for reassignment. On December 2, 1969, 18 of the defendants appeared before the presiding judge when the case was called.

The judge inquired of Robert Tomashevsky, one of the defendants, whether he had a lawyer, a job, or whether he was going to get a job, and what, if any, efforts he had made in that regard. During this very brief conversation, Tomashevsky indicated that he was connected with the Students for a Democratic Society, commonly referred to as S.D.S., whereupon the judge asked, "Who is in charge of the S.D.S.?" At this point the record indicates that there was laughter in the courtroom and the judge ordered, "Lock them all up. I'll talk to them one at a time. This isn't a game we're playing. Lock them up," and further stated, "Come on, lock them up. Ten days for contempt."

All of the defendants, including the appellants, were thereupon taken to the jail and a hearing was set on the 18 contempt charges for 2:00 P.M., the same day. It appears from the appellant's brief that, during the recess between the morning session and the 2:00 P.M. hearing, a proposed order was prepared which stated:

"1. The Court finds that during the course of the hearing, the following exchange took place between Judge Power and the defendants:

a. Judge Power asked Robert Tomashevsky, `Are you working?'

Tomashevsky responds, `No.'

b. Judge Power asked him, `Where do you live?' Tomashevsky responds, `863 Lill.'

c. Judge Power asked him `Where do you get your money?'

Tomashevsky responds, `I get $15.00 a week from S.D.S.'

d. Judge Power asked him, `When are you going to have a lawyer?'

Jeffrey Haas interjects and said he would represent him ...


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