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PEOPLE EX REL. BIRKETT v. BAKALIS

No. 90114.

752 N.E.2d 1107 (2001)

196 Ill.2d 510

256 Ill.Dec. 865

The PEOPLE ex rel. Joseph E. BIRKETT, State's Attorney of Du Page County, Petitioner, v. Hon. George J. BAKALIS, Judge of the 18th Judicial Circuit, et al., Respondents.

Supreme Court of Illinois.

June 21, 2001.

Attorney(s) appearing for the Case

Joseph E. Birkett, State's Attorney, Wheaton (Margaret M. Healy and Vincent Mancini, Assistant State's Attorneys, of counsel), for petitioner.

John F. Donahue, Law Offices of Donahue, Sowa, Bugos & Brown, Lisle, for respondent Marilyn Lemak.

Chief Justice HARRISON delivered the opinion of the court:

Marilyn Lemak is awaiting trial in the circuit court of Du Page County for the murder of her three children. The State has given notice that it will seek the death penalty. Lemak has given notice that she will assert an insanity defense.

In preparing their client's defense, Lemak's attorneys have sought leave to take the depositions of certain witnesses, including Lemak's husband, David. Following...

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