Friday, October 16, 2009

Contempt Motion Denied

Amy Dalby's Petition for a contempt citation against former special prosecutor David O'Connor was denied this morning by Judge Joseph P. Condon. In a hearing that took nearly 30 minutes Dalby's attorney, Wes Pribla, of Woodstock, argued that O'Connor had violated an Order issued on June 1 by Judge Condon.

These tired old ears could barely hear Pribla's arguments, which claimed that O'Connor had improperly released Grand Jury records to the Illinois Attorney Registration and Regulatory Commission (ARDC). It was also difficult to hear, at times, all the words of Judge Condon.

However, Attorney O'Connor spoke clearly, firmly, confidently and loudly enough to be heard throughout the courtroom, when he argued that he had made such a disclosure to the ARDC within the terms of Judge Condon's June 1 Order.

After hearing both sides, Judge Condon's denied Dalby's Petition of alleged criminal contempt against O'Connor.

There were several aspects of this morning's proceedings that deserve comment and also deserve attention by the Court.

Several times during the hearing Pribla turned away from the judge and Mr. O'Connor and could be seen to smirk in the direction of the attorneys' tables - away from the judge. When O'Connor was addressing Judge Condon, several times Pribla walked away, sometimes just to the corner of the bench where he turned and looked at the attorneys' tables. Once he walked to the rack of forms and removed a form, after which he walked back to the bench and began filling it out - all while Mr. O'Connor was making his arguments to the Judge. Pribla seemed amused by anything said by O'Connor.

At one point O'Connor stopped and called Pribla's apparent lack of attention to the judge's notice. Judge Condon indicated that O'Connor should continue, because he was addressing the judge, not Pribla.

After the judge denied Dalby' Petition, Pribla again turned away from the judge and smirked toward the attorneys' tables. He walked away from the bench while O'Connor was addressing Dalby's absence in the courtroom and tore in half the form that he had earlier removed from the rack. While Judge Condon was speaking, he walked over to one of the attorneys' table and picked up his briefcase, obviously done paying attention to the judge.

O'Connor was clearly displeased with Pribla's personal attack on his integrity. His arguments that he had obtained proper authority from Judge Condon to release Grand Jury documents to a prosecutorial agency were solid and concise.

1 comment:

The Madd Bulldog said...

And your problem is? You couldn't hear the procedings? Perhaps they knew YOU were in the courtroom and decided to talk smack about you in a low tone? Perhaps that's why Pribla had to smirk and walk away?
I can hear the judge now--> "Look guys, Philpott is listening in trying to dig dirt. Didja hear about the Jewel parking lot caper where Gus traded his Viagra for a 40oz bottle of beer from Nygren?"

DOH!