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STATE OF ILLINOIS

COUNTY OF C 0 0 K

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IN THE CIRCUIT COURT OF COOK COUNTY

COUNTY DEPARTMENT - CRIM~fJAL DIVISION
THE PEOPLE OF THE
STATE OF ILLINOIS,

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Plaintiff,

Indictment No.
11 CR 13172-01

vs.
WILLIE JOHNSON,
Defendant .

CHANGE OF PLEA
REPORT OF PROCEEDINGS had before the HONORABLE
DENNIS J. PORTER, Judge of the Criminal Division, heard
on the 7th day of October, A.D., 2014.
APPEARANCES:
HON. ANITA M. ALVAREZ,
State's Attorney of Cook County by
MS. CHRISTA BOWDEN and MR. ALLEN SPELLBERGER,
Assistant State s Attorneys,
appeared on behalf of the
People;

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MR. STEVEN GREENBERG, MR. ANDREW VALE and

MR. JUSTIN SUTTON, Attorneys at Law,
appeared on behalf of the
Defendant.

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Etta R. Jones, CSR

Official Court Reporter
2650 South California Ave.
Chicago, Illinois 60608
License No. 084-003372

THE CLERK:

Willie Johnson.

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(Brief pause.)
MR. GREENBERG:

Steve Greenberg on behalf of

Mr. Johnson.
MR. VALE:

Andrew Vale and Justin Sutton on

behalf of Mr. Johnson.

MS. BOWDEN:

Assistant State's Attorney

Christa Bowden.
MR. SPELLBERG:

Assistant State's Attorney

Allen Spellberg, S-p-e-1 -1 -b-e-r-g.

MR. GREENBERG:

Judge, this was the in-between

date to see if Mr. Johnson wanted to accept the

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Court's offer of a year.

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MS. BOWDEN:

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THE COURT:

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MR. GREENBERG:

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THE COURT:

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MR. GREENBERG:

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THE COURT:

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MR. GR.EENBERG:

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THE COURT:

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MR. GREENBERG:

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30 months IDOC, Judge.

Do you want it?
The year?

The 30 months.
Yes.

He does?
Yes.

I thought I would try.

Nice try.
Actually, I think you said

two, Judge.
MS. BOWDEN:

30 months IDOC.

THE COURT:

Mr. Johnson, you are charged with

perjury about February 8, 1994, and continuing on

through January 19, 2011, in that you -- you were

under oath or affirmation in a proceeding where by law

such oath or affirmation was required and you

knowingly made a false statement which you did not

believe to be true that was material to the issue or

point in question, to wit, the identification of

Albert Kirkman and Cedric Cal, C-a-1, as the persons

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who shot and killed Sammy Walker on April 21, 1992, at

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950 North Harding Avenue in Chicago and you made said

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contradictory statements under oath in proceedings

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where such oaths or affirmations were required in that

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on February 8, 1994, in that case, People versus

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Cedric Cal and Albert Kirkman, under case number 92 CR

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10385, you were called as a witness at trial and you

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identified under oath that both Albert Kirkman and

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Cedric Cal shot and killed Sammy Walker and on

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June 19, 2011, in a post conviction hearing in that

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~~me case you testified before the Honorable Michael

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Brown and you testified under oath you never saw

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Albert Kirkman or Cedric Cal shoot Sammy Walker.

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Do you understand what you are charged

with?

THE DEFENDANT:

THE COURT:

I do.

How do you wish to plead to this

charge, guilty or not guilty?

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THE DEFENDANT:

THE COURT:

Guilty.

By pleading guilty to this charge,

it being a Class III felony, on a Class III felony, if

you are convicted, you could be sentenced to the

penitentiary for a period of not less than two years

and not more than five years.

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If within the last ten years you had a

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previous conviction for a Class IIt or greater felony,

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then you could be sentenced to the penitentiary for a

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period of from two years up to ten years.

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If you are sentenced to the penitentiary,

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when you get out, you have a term of mandatory

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supervised release of one year to c1o.

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they used to call parole, which if you went to the

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penitentiary on this, you are going to be on parole

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for a year when you get out.

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That's what

You could be fined from one dollar up to

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$25,000.

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conditional discharge for a period of from one day up

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to 30 months.

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probation.

You could also be put on probation or

Conditional discharge is non-reporting

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You could also be placed on periodic

imprisonment for up to 18 months.

imprisonment they would let you out of jail for a

specific reason.

work.

treatment or some other reason, but when you finish

the reason, whatever it is, you have to come back and

h~sically sleep in jail.

imprisonment is.

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On periodic

Usually the reason would be to go to

It could be to go to school or get medical

That's what periodic

Do you understand what the possible

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penalties are on this charge?

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THE DEFENDANT:

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THE COURT:

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THE DEFENDANT:

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THE COURT:

Yes, sir.

Do you still wish to plead guilty?

Yes.

By pleading guilty you are giving

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up your right to a jury trial.

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12 people who are either registered voters or they

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have driver's licenses or they have State of Illinois

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A jury trial is where

Jentification cards, those people are picked out of a

group by your lawyer and the state's attorney.
They would come into the courtroom, listen

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to the trial, and they would decide if the State

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proved you guilty beyond a reasonable doubt.

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would sit in those chairs right over there.

They

Do you understand what a jury trial is?

THE DEFENDANT:

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THE COURT:

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Yes, sir.

Any questions you want to ask me

about what a jury trial is?

THE DEFENDANT:

THE COURT:

Nothing.

Do you understand by signing this

piece of paper you are giving up your right to a jury

trial?

THE DEFENDANT:

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THE COURT:

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Yes.

Jury waiver will be accepted.

Also by pleading guilty you are also

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giving up your right to a bench trial.

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~r-ia1 by the Court, by me.

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a trial of any kind by pleading guilty.

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understand that?
THE DEFENDANT:

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THE COURT:

This is a

You are not going to have

Do you

Yes.

Since you are not having a trial,

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you are giving up the rights you would have at a

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trial.

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a jury trial, you would have the right to be present

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in the courtroom at the time of the trial.

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have the right to look your -- look the witnesses in

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the eye while they were testifying.

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fhe right to have your lawyer ask-them questions about

At a trial, any trial, either a bench trial or

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You would

You would have

what they said, but since there is :not going to be a

trial, there are not going to be any witnesses, so you

can't do those things obviously.

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At a trial you would have the right to

call witnesses in your own defense.

didn't want to come in here, I could make them come in

mere.

once they get here, but I can get them in here.

If these people

I can't make them say what.you want them to say

At a trial you would have the right to

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testify in your own defense.

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on the witness. stand right up here under oath and tell

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me your side of the story if you went to.

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you would also have the right to just sit over at that

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table over there, say nothing, doing nothing and make

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the State prove its case against you beyond a

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reasonable doubt.

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At a trial

Do you understand you are giving up each

of those rights by pleading guilty?

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THE DEFENDANT:

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THE COURT:

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about your rights?

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That means you could get

Yes.

Any questions you want to ask me

THE DEFENDANT:

Can the Court take into

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consideration that I am disabled? 'I can't like climb

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on the top bunk.

I just want the Court to know that.

THE COURT:
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I heard that at the pretrial

conference.

THE DEFENDANT:

THE COURT:

THE DEFENDANT:
THE COURT:

How old are you?

I got my GED and I got a few

vocational classes.

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THE COURT:

Anybody force you to plead guilty?

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THE DEFENDANT:

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THE COURT:

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43.

How far did you go in school?

THE DEFENDANT:
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Okay.

No.

Anybody threaten you to make you

ao it?

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THE DEFENDANT:

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THE COURT:

No.

Anyone promise you anything to get

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you to plead guilty other than what I said at the

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conference, the 30 months in the Department of

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Corrections, other than that?

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THE DEFENDANT:

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THE COURT:

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Have you talked to your lawyers

about your case?

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THE DEFENDANT:

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THE COURT:

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No, sir, your Honor.

Yes.

Are you satisfied with their

representation?
THE DEFENDANT:

I am.

THE COURT:

Do you understand you have a right

to continue to plead not guilty?

trial.

this charge.

You can force the State to give you a trial on

Do you understand that?

THE DEFENDANT:

THE COURT:

Yes, sir.

You stipulate the facts I heard at

the conference?

MS. BOWDEN:

MR. GREENBERG:

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You can demand a

THE COURT:

So stipulated.
Yes, Judge.

Mr. Johnson, after everything

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that's been said, do you still wanf to plead guilty to

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the charge of perjury?

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THE DEFENDANT:

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THE COURT:

Yes.

I find the defendant understands

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the nature of the charges against him, the possible

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penalties under the law and his rights under the law.

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I further find he wishes to waive those rights, enter

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a plea of guilty to the charge as indicated.

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find there is a factual basis for the plea.

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I also

There will be a plea of guilty, jury

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waiver waived, finding of guilty in the manner and

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form as charged in count one.

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nolle count two.

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other charge against you.

It will be motion State

That means they are dropping that

Mr. Johnson, you have the right to have a

presentence investigation done by the probation

department.

This is a written report which tells me

about you.

It tells me your school record, your work

record, your social background.

have a criminal record.

same things I heard at the conference.

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It tells me if you

In short, it tells me the

Since you have this agreement, you can

skip that and you can be sentenced today.

Do you

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understand by signing this piece of paper you are

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giving up your right to that report?

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THE DEFENDANT:

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THE COURT:

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Yes.

Presentence will be waived.

Aggravation.
MS. BOWDEN:

Judge, the defendant does have

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six prior felony convictions.

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convicted of armed robbery, and on a separate case he

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was convicted of armed robbery and attempt first

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degree murder for which he was sentence 18 years

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concurrent in the Illinois Department of Corrections.

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From 1995 he has been

In 1990 he has two possession of

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controlled substance convictions,~1989 possession of

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controlled substance with intent to deliver and 1989

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possession of controlled substance.

He was sentenced

to the Illinois Department of Corrections on all four

of those narcotics offenses as well.

THE COURT:

MR. GREENBERG:

What date was he booked on this?

it would have been the first day that the case was up.

THE COURT:

MR. GREENBERG:

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It was a direct indictment, so

He came in on a letter?
Yes.

He came directly to

court.
MS. BOWDEN:
THE COURT:

September 2, 2011.
He made bond the same date? Okay.

Anything you want to say in mitigation?

MR. VALE:

Just briefly.

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As Mr. Johnson explained to you, he does

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suffer from a disability, including injuries that he

sustained as part of the incident that stems from all
this when he was shot nine times. Two of his friends

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were killed in that.

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He also relocated out of the district long

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ago where he raises two children.

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understanding that he is one of the primary caregivers

for those children and that this plea is a result of

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It is my

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discussions with the State-and rulings made by the

Court recognizing that the statute requires only two

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inconsistent statements, your Honor.

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THE COURT:

Mr. Johnson, do you have anything

you want to tell me before I sentence you?

THE DEFENDANT:

THE COURT:
agreer~ent.

No, your Honor.

I will go alor~g with the

The defendant will be sentenced to 30

months Illinois Department of Corrections.

be assessed against the defendant.

credited with one day in custody and $5 towards fines.

Is there a CBR on this or no?

Costs will

The defendant is

No.

There

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will be a bond deduct of $404 on fond number D -- as

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in dog -- 8657034.

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Quash and recall all warrants previously

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issued on this case as to this defendant only.

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so when you get out you don't get arrested by mistake.

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That's just to clear out the computer.

There

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shouldn't be any warrants out for you.

That's just to

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make sure.

That's

Mr. Johnson, you have the right to appeal

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the judgment and sentence of the Court even though you

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need guilty.

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to file with the clerk of the court a piece of paper

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called a motion to withdraw your plea of guilty.

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would be asking me to let you take back your plea.

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I let you do that, it makes it like your plea never

To do that though you would first have

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This
If

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Any motion to withdraw your plea of guilty

has to be made in writing.

you.

like to rely on in an appeal, and it has to be filed

within 30 days from today's date.

Otherwise your

right to appeal is gone forever.

Do you understand

that?

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It has to be signed by

It has to state each and every reason you would

THE DEFENDANT:
THE COURT:

Yes, sir.

If you couldn't afford an attorney

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for that, I would appoint one for that.

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you a free transcript of this proceeding.

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understand that?

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THE DEFENDANT:

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THE COURT:

I would give
Do you

Yes.

If I were to grant your motion to

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withdraw your plea of guilty, that is if I were to let

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you do it, then any charges that were dismissed or

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reduced as part of your plea agreement, there is one

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of them, that would be reinstated ~t the request of

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the State.

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Do you understand that?

You would then go to trial on all charges.

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THE DEFENDANT:

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THE COURT:

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Yes.

You also have a right to make a

motion to reconsider your sentence within 30 days from

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today's date.

the clerk within that period of time.

afford an attorney for that I would appoint one for

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you as well.

in your case, if you do try to change your sentence in

any way, shape or form, you would also have to make a

motion to withdraw your plea of guilty.

do the one without doing the other in your case.

Once again this has to be filed with

However, because this was an agreed plea

THE DEFENDANT:

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THE COURT:
issue?

MR. GREENBERG:

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THE COURT:

No.

Mittimus to issue.

Good luck to

you.

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MR. GREENBERG:

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THE COURT:

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Yes, sir.

Any reason why mittimus should not

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You may not

Do you understand?

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If you couldn't

Thank you, Judge.

Go with the sheriff.

(WHICH WERE ALL THE PROCEEDINGS HAD.)

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STATE OF ILLINOIS )
)SS.
COUNTY OF C 0 0 K )

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CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT - CRIMINAL DIVISION

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I, Etta R. Jones, Official Court Reporter of the
Circuit Court of Cook County, Criminal Division, do
hereby certify that I reported in shorthand the

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proceedings had on the hearing of the aforementioned

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cause; that I thereafter caused the foregoing to be

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Transcribed into typewriting, which I hereby certify to

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be a true and accurate transcript of the Report of

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Proceedings had before the HONORABLE DENNIS J. PORTER,

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Judge of said court.

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Official C urt Reporter

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Dated this 9th day of October, 2014.

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