from the Circuit Court of Du Page County. No. 15-CF-2148
Honorable Liam C. Brennan, Judge, Presiding.
JUSTICE SCHOSTOK delivered the judgment of the court, with
opinion. Justices Hutchinson and Burke concurred in the
judgment and opinion.
1 After a jury trial, defendant, Thomas Holloway, was
convicted of violation of bail bond (720 ILCS 5/32-10(a)
(West 2014)) and was sentenced as a Class X offender (730
ILCS 5/5-4.5- 95 (West 2014)) to nine years'
imprisonment. On appeal, he argues that he was denied a fair
trial because his attorney-client privilege was violated. We
2 I. BACKGROUND
3 The indictment against defendant alleged that, on April 26,
2014, he was admitted to bail in case No. 12-CF-2466, a
prosecution for unlawful delivery of a controlled substance;
that, on August 25, 2015, his bond was
forfeited; and that he willfully failed to surrender
himself within 30 days after the forfeiture.
4 The State moved in limine to admit the testimony
of James Murphy-Aguilu, defendant's attorney in case No.
12-CF-2466. The motion alleged as follows. On August 25,
2015, Murphy-Aguilu appeared for trial. He told the court
that he had spoken to defendant by telephone and defendant
had said that he was in the parking lot. In the present case,
the State planned to call Murphy-Aguilu to testify about his
conversation and defendant's failure to appear that day.
The attorney-client privilege did not bar this testimony,
because defendant had not been seeking legal advice and his
call was not related to any such purpose. Alternatively, the
communication was within the crime-fraud exception to the
privilege, because defendant was attempting to deceive
Murphy-Aguilu, as he was not in the parking lot and never
appeared for trial. ¶ 5 The State's motion attached
a transcript from the August 25, 2015, hearing. Murphy-Aguilu
was present for defendant, and Assistant State's Attorney
Claudia Fantauzzo appeared for the State. The transcript
"[THE] COURT: Well, for the record, it's 11:35, and
we're here for trial. If everyone can identify.
MS. FANTAUZZO: Claudia Fantauzzo for the People.
MR. MURPHY-AGUILU: James Murphy-Aguilu, Murphy hyphen
A-g-u-i-l-u. Your [H]onor, I actually spoke with him
about 20 minutes ago. He claimed to be in the parking lot. It
would seem pretty impossible for him to be in the parking lot
still. I don't know where he is.
THE COURT: Any luck reaching out to him since?
MR. MURPHY-AGUILU: The last call I just got a hangup
THE COURT: All right. Well, at this time a bond forfeiture
and a no bond warrant will issue.
MS. FANTAUZZO: Thank you, [Y]our Honor.
THE COURT: And what is the judgment of forfeiture date?
MS. FANTAUZZO: 9/29.
THE COURT: Let's go to the 30th.
THE COURT: 9/30/15 for judgment on forfeiture.
MS. FANTAUZZO: Thank you, Judge.
THE COURT: All right. Thank you.
MR. MURPHY-AGUILU: Is there any possibility of doing a
different date? My wife is actually due on the 28th, so-
THE COURT: Yes, sure there is.
MR. MURPHY-AGUILU: I'm going to be back here a week from
that date, so the 7th?
THE COURT: That's fine.
MR. MURPHY-AGUILU: Just for a quick status.
THE COURT: All right. 10/7-
MR. MURPHY-AGUILU: Thank you.
THE COURT:-for judgment of forfeiture." (Emphasis
added.) For convenience, we shall refer to the emphasized
passage as the "parking-lot statement."
6 Defendant did not file a written response to the motion. At
a hearing on the motion, the following colloquy ensued:
"MR. WIGELL [(DEFENDANT'S ATTORNEY)]: ***
Conceptually, I have no difficulty with the State's
motion, especially regarding the privilege, but we ...