Your Honor, In response to comments made by Richard Schmack and other information that | only became aware of this morning, | have these comments to make which are not included in my previously filed motion. First of all regarding the phone call, the one which Jack McCullough supposedly made at 6:57 the night of the Kidnapping, December 3, 1957. It was reported in today’s paper that Mr. Schmack stated that he stands by his contention that Jack McCullough did in fact make that call. Your Honor, the question which | must ask is this: Why in the world would anyone, including myself, be so quick to concede that Jack McCullough actually made that phone call? Especially since in the documents provided by Mr. Schmack, there is a record of McCullough telling the recruiters at some time between 7:15 and 7:30 that he had actually not yet made that call. Why in the world would anyone concede that Jack made that phone call when there is absolutely no evidence or witness to prove that he did. Mr. Schmack himself was unable to answer that question when it was asked of him by officers of the Sycamore Police Department. So again, why in the world would anyone concede that Jack McCullough did in fact make that call? And yet, Mr. Schmack has said that because Jack McCullough made that phone call, all other evidence presented at trial is false. Your Honor, that assumption simply does not make any sense. It is much more logical to come to the conclusion that since the evidence presented at the trial proved beyond a reasonable doubt that Jack McCullough is in fact guilty of the murder of my sister Maria, then, if the time frames presented by Mr. Schmack are correct, and | am not saying that they are, but if they were, then the conclusion must be that Jack could not have made that phone call. You Honor, now the question | must ask becomes, why in the world would we not think that Jack McCullough asked one of his friends to make that phone call for him as an alibi for his defense? This would certainly account for the misspelling of his name on the telephone company records. Yes, why would we not think that Jack had one of his friends make that call, especially since it is known that they willingly perjured themselves in his defense at the rape trial. ‘Why in the world would we not think that Jack asked one of his friends to make that call especially since | am willing to guarantee that at least one of thosefriends who perjured themselves at the rape trial was most likely one of those friends invited by Jack to join in on the gang rape of his sister, a rape in which after Jack was found not-guilty that he admitted on camera that he was in fact guilty. Yes, why in the world would we not think that Jack had one of his friends make that call? You Honor, Mr. Schmack is quoted in this morning’s paper of saying: “A special prosecutor is usually called in when the elected prosecutor has a conflict of interest, not when someone disagrees with his decisions.” You Honor, my entire motion is based upon this conflict. After Mr. Schmack’s reading of my motion, and he still does not see the conflict, that in itself may be the most compelling reason for the need of a special prosecutor. It is apparent that Mr. Schmack is blind to what even he himself is doing. As previously stated in my motion, this conflict began even before he became the state’s attorney. This conflict began with his close friendship with the defense council. It began when he made comments during the trial and during his campaign for the office of state’s attorney that he would not have brought charges against Jack McCullough. He had preconceived notions about McCullough’s innocence even before he heard or saw any evidence. And then, after trial, after the election, he made it clear that he did not agree with the verdict. Your Honor, on my first meeting with Mr. Schmack, he made it clear to me that if this case were ever to come back to him in Dekalb County, he would not elect for a re-trial, and in the same breath told me that he was not familiar with the details of the case. Your Honor, on Good Friday morning when I received that email from Mr. Schmack’s office | was angry, but more importantly | felt at a loss as to where to turn. It was only this morning that | found out that according the Victim Right’s Act that | have a right to be represented by an attorney at all post-conviction relief proceedings. And, that | have a right to file my own response to the Post Conviction Petition. The right to legal representation is guaranteed to me by the Victim’s Rights Act and | have also learned that the Act provides that the State’s Attorney is obligated to inform the victim of the right to retain their own attorney. Section 9.3 of the Act states that “the State’s Attorney shall inform the victim of the right to retain an attorney.” Mr. Schmack failed to do so and! can promise you, Your Honor, that had Mr. Schmack informed myself or any member of my family that we had a right to retain our own attorney torepresent our interests, we would have done so a long time ago, and thus | believe that we would not be at the point in which we find ourselves now. Your Honor, what alarms me the most about Mr. Schmack’s failure to inform us of this absolute right to counsel, is the question of why he would not have done so. To have abandoned Maria is one issue, but then to bind our hand and to further silence us is disturbing, to say the least! Section (B) of the Act states that “if the prosecuting attorney elects not to assert the victims’ right, the victim, or a victim’s attorney may assert the Victim’s right, or request enforcement of a right by filing a motion, or by orally asserting the right or requesting enforcement in open court.” Mr. Schmack did not want us to have an attorney. Your Honor, | truly believe that he wanted to just come in here and undue the work of investigators, prosecutors, and Judges before him so that he could accomplish what he set out to do when he first aligned himself with the defendant. Not only did he talk about the defendant's innocence before the trial had even concluded, but he flaunted his defense of the defendant every day in front of a packed courtroom, chuckling and socializing at the public defenders table, right in front of us, while we endured the pain of having to live through the trial of our sister's murder. Your Honor, | ask that you honor my motion of assigning a Special Prosecutor to this case, and | am requesting a continuance so that | may have an opportunity to retain counsel. Thank You. Charles Ridulph