BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE
OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
)
EDWARD PRUIM and ROBERT PRUIM,
)
)
Respondents.
)
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
)
COMMUNITY LANDFILL COMPANY, )
INC.,
)
)
Respondent.
)
PCB No. 04-207
(Enforcement
- Land)
PCB No. 97-193
(Enforcement
- Land)
(consolidated)
TO: Christopher Grant
Jennifer Van Wie
Environmental Bureau
Assistant Attorney General
69
W. Washington, 18th Floor
Chicago, Illinois 60602
cgrantialatg.state.iI.us
jvanwieialatg.state.iI.us
NOTICE OF FILING
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
PLEASE TAKE NOTICE that on NOVEMBER 12, 2008, the undersigned caused to
be electronically filed with Mr. John Therriault, of the Illinois Pollution Control Board, 100 West
Randolph Street, Suite 1I-500, Chicago, Illinois 6060 I, the RESPONDENTS
COMMUNITY
LANDFILL COMPANY, INC. AND EDWARD PRUIM AND ROBERT PRUIMS'
MOTION
IN LIMINE
#1 TO EXCLUDE EVIDENCE OF RESPONDENTS' PIUOR
CONVICTIONS, a copy of which is attached and hereby served upon you.
lsi
Clarissa
Y. Cutler
One
of Respondents' Attorneys
TIDS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 12, 2008
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago
1L 60601
(312) 642-4414
Atty. No. 37346
Clarissa
Y.
Cutler (flkJa Grayson)
Attorney at Law (fonnerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago
1L 60601
(312) 729-5067
Atty No. 44745
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 12, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
EDWARD PRUIM and ROBERT PRUIM,
Respondents.
PEOPLE
OF THE STATE OF ILLINOIS,
Complainant,
v.
COMMUNITY LANDFILL COMPANY, INC.
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
PCB 04-207
(Enforcement -
Land)
PCB 97-193
(Enforcement - Land)
(Consolidated)
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC. AND EDWARD PRUIM
AND ROBERT PRUIMS' MOTION
IN
LIMINE
#1
TO EXCLUDE
EVIDENCE OF RESPONDENTS' PRIOR CONVICTIONS
NOW COME Respondents COMMUNITY LANDFILL COMPANY, INC., ROBERT
PRUIM and EDWARD PRUIM, by and through their attorneys Mark A. LaRose of LaRose
&
Bosco, Ltd. and Clarissa Y. Cutler, of counsel to LaRose
&
Bosco, Ltd. and pursuant to 35
I1J.Adm. Code Sections 35 IJJ.Adm.Code 101.502 and 101.610(1) and (q), hereby present their
Motion
in Limine
To Exclude Evidence of Respondents' Prior Convictions, and in support
thereof, state as follows:
I.
The above matter is scheduled for hearing on December
2-5,2008. On October 6,
2008, Christopher Grant, counsel for Complainant, informed counsel for Respondents that the
I
Electronic Filing - Received, Clerk's Office, November 12, 2008
People of the State of Illinois may seek to int roduce evidence of the prior convictions of
Respondents Edward Pruim and Robert Pruim for purposes of impeachment. (See Exh. A).I
2.
The introduction of this evidence is improper. Under Illinois law, " ...evidence of
a conviction is not admissible if a period of more than I0 years has elapsed since the date of
conviction or of the release of the witness from confinement, whichever is the later date."
People
v. Naylor, 229 Ill.2d 584, 597, 893 N.E.2d 653, 662 (2008);
citing
People v.
Montgomery, 47 IIl.2d 510, 516, 268 N.E.2d 695 (1971).
3.
The endpoint
of Montgomery's 10-year time limit is the date of trial. People v.
Naylor, 229 IIl.2d at 602, 893 N.E.2d at 665 (2008). In the present matter, therefore, the
endpoint is December 2, 2008.
4.
Both Edward Pruim and Robert Pruim were convicted on September 24, 1993.
(See Exh. B, Criminal Docket, entries no.
II and 15). This date is 15 years, 2 months and 8 days
before the date
of trial on December 2, 2008. Under Illinois law, any attempt by the State to
introduce evidence
of these convictions is clearly improper. People v. Naylor, 229 Ill.2d 584,
597,893 N.E.2d 653, 662 (2008);
citing
People v. Montgomery, 471ll.2d 510, 516, 268 N.E.2d
695 (1971).
5.
While the burden
of presenting evidence of a subsequent release date is on the
Complainant, in the effort to short circuit further argument on this issue, Respondents offer that
Robert Pruim was released from confinement on August 25, 1995. (See Exh. C). This date is
13
years, 3 months and 7 days before the date of trial.
Edward
Pruim
was
released
from
confinement on May
1, 1997. (See Exh, D). This date is 11 years, 7 months and 1 day before
the date
of trial. Since both Edward Pruim and Robert Pruim were released from confinement
I
The documents tendered by the State are comprised of more than 100 pages of certified copies offedera! court
records which have not been attached but can be made available for viewing by the Hearing Officer.
2
Electronic Filing - Received, Clerk's Office, November 12, 2008
more than ten (10) years earlier than the date of trial on December 2, 2008, any evidence of their
convictions should be excluded.
6.
"Confinement" is defined as actual imprisonment; the expiration date of a
witness' parole period is not a consideration in determining when the time requirements for
admissibility have been met. People v. Norwood, 164 IlI.App.3d 699, 703, 518 N.E.2d 246, 249
(1st Dist. 1987);
citing
People v. Yost, 788 Ill.2d 292,294-297, 399 N.E.2d 1283 (1980). Even if
it was, Robert Pruim'sprobation was terminated on September 26, 1996. (See Exh. B, entry no.
68). This date is
12 years, 2 months and 6 days before the date of trial. Edward Pruim's
probation was terminated on May 27, 1998. (See Exh. B, entry no. 71). This date is 10 years, 6
months and 5 days before the date
of trial. Even if it was proper for the Hearing Officer to
consider the expiration date
of a parole period, which it is not, both of those dates are outside of
the ten-year limit.
7.
The trial court does not have the discretion to admit evidence of a prior conviction
for impeachment purposes where a period
of 10 years has elapsed from the date of the conviction
or the release
of the witness from confinement, whichever is later. People v. Naylor, 229 Ill.2d
at 597,
893 N.E.2d at 662 (2008).
WHEREFORE, based on the foregoing, Respondents respectfully request that Hearing
Officer Bradley Halloran GRANT their Motion
in Limine
#1 to Exclude Evidence of
Respondents' Prior Convictions.
Respectfully Submitted,
lsi
Clarissa Y. Cutler
One
of Respondents' Attorneys
3
Electronic Filing - Received, Clerk's Office, November 12, 2008
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago IL 60601
(312) 642-4414
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue, Suite 375
Chicago IL 60601
(312) 729-5067
4
Electronic Filing - Received, Clerk's Office, November 12, 2008
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
A"n'ORNEYGENERAL
October 6, 2008
Ms. Clarissa Grayson
Attorney at Law
ISS
N. Michigan Ave, Suite 375
Chicago,
IL 6060 I
Dear Clarissa:
Attached are additional documents which the State may use at the December hearing in
PCB 97-193/04-207. Documents COM 000262-000273 are City
of Morris records regarding
disposal
of waste in the Landfill during 1994. These sheets were used to track royalties owed,
and were produced by the City in the financial assurance case (03-191). We intend to use these
documents in the examination
ofJohn Enger.
The second group of documents are certified copies of federal court records from U.S. v.
Pruim, No. 93 CR 0682. These were just recently obtained from the federal records center. They
do not constitute 'exhibits'as we only intend to use them,
if at all, as impeachment for the
testimony
of Robert and/or Edward Pruim. I am disclosing them now to prevent surprise later
on.
[have the original certified copy if you want to examine it before hearing.
Call me if you have any questions.
s
h Gran
A istant Attorney General
Environmental Bureau
69 W. Washington Street,
18'h Fir.
Chicago, Illinois 60602
(312)814-5388
500 South Secont! SHeet, Springficld,lIIinllis 62706 • (217) 782-1090 •
Tn':
(217) 785-2771 • F:lx: (217) 78Z.7046
100 West Randolph Street, ChiCllgn, lIIinais 60601 • (31 Z) 814.3000 •
T'n':
(312) 814-3374 • Fax: (312) 81 ....3806
1001 East Main.
Carbondale. Illinois
(290) •
(618)
529.b-!OO •
Tn';
161BI
S29~03
• F:ax:
(618)
529.6416
.Ee!Io.
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CM!ECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page I
onl
United States District Court
Northern District of Illinois - CM/ECF LIVE, Ver 3.2.2 (Chicago)
CRIMINAL
DOCKET FOR CASE #: 1:93-cr-00682 All Defendants
htlps:/Iecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
Case title: USA v. Pruim, et al
Assigned to: Hon. John
A. Nordberg
Defend"nt (l)
Edward
H
Pruim
TERMINATED: 06/19/2000
Pending Counts
18:1341 POSTAL, INTERSTATE
WIRE, RADIO, ETC.
(I)
Date Filed:
09/20/1993
Date Terminated:
06/19/2000
represented by J effrcy Bruce Steinback
Law Offices ofJeffrey B. Steinback
53 W. Jackson Blvd
#1420
Chicago, IL 60604
(847)624-9600
Email: jbs.law@corncast.net
LEAD ATTORNEY
ATTORNEY
TO BE NOTICED
Designation: Retained
Disposition
The defendant is hereby committed to
the custody
of the United State Bureau
of Prisons to be imprisoned for a term
oftwenty-one (21) months. The court
makes the following recommendations
to the Bureau
of Prisons: Federal rison
Camp
in
Oxford, Wiscon sin because of
defendant's lack of previous record and
so that
he can be close to family and
friends. The defendant shall surrender
for service
of sentence at the institution
designated by the Bureau
of Prisons, as
notified by the Probation Offi ce, the
fifth Tuesday after co-defendant Robert
Pruim is released. Upon release from
imprisonment, the defendant shall be
on
supervised release for a tenn of two (2)
years. The defendant shall pay a fine
of
$1,250,000.00. The fine includes any c
ost
of incarceration and/or supervised.
Statement
of reasons.
The defendant is hereby committed to
11/12/2008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CMJECF LIVE, Ver 3.2.2. U.S. District Court, Northern Illinois
Page 2
of 11
18:1341 POSTAL, INTERSTATE
WIRE, RADIO, ETC.
(2-5)
Highest Offense Level (Opening)
Felony
Terminated Counts
None
Highest Offense Level
(Terminated)
None
Complaints
None
Assigned to: Hon. John A. Nordberg
Defendant (2)
Robert J. Pruim
TERMINATED: 0611912000
the custody of the United State Bureau
of Prisons to be imprisoned for a term
of twenty-one (21) months. The court
makes the following recommendations
to the Bureau
of Prisons: Federal rison
Camp
in
Oxford, Wiscon sin because of
defendant's lack of previous record and
so that he can be close to family and
friends. The defendant shall surrender
for service
of sentence at the institution
designated by the Bureau
of Prisons, as
notified by the Probation
om
ce, the
fifth Tuesday after co-defendant Robert
Pruim is released. Upon release from
imprisonment, the defendant shall be on
supervised release for a term
oftwo (2)
years. The defendant shall pay a fine
of
$1,250,000.00. The fine includes any c
ost
of incarceration and/or supervised.
Statement
ofreasons.
Disposition
Disposition
represented by
Charles B. Sklarsky
Jenner
&
Block LLP
330 North Wabash
Chicago, IL 60611
(312)222-9350
Email: csklarsky@jenner.com
LEAD ATTORNEY
ATTORNEY
TO BE NOT1CED
Designation: Retained
https:flecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
1111212008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CMlECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page 3
of II
Pending Counts
18:1341 POSTAL, INTERSTATE
WIRE, RADIO, ETC.
(1)
18:1341 POSTAL, INTERSTATE
WIRE, RADIO, ETC.
(2-5)
Highest Offense Leyel (Opening)
Felony
lliwosition
The defendant is hereby committed to
the custody
of the United States Bureau
of Prisons to be imprisioned for a term
of fifteen (15) months. The court makes
the following recommendations to the
Bureau
of Prisons: Federal Prison Camp
in Oxford, Wiscon sin because
of
defendant's lack of previous record and
so that he can be close to family and
friends. The defendant shall surrender
for service
of sentence at the institution
designated
by the Bureau of Prisons,
before 2:00 p.m.
on
06121/94.
Upo n
release from imprisonment, the
defendant shall be
on supervised release
for a term
oftwo (2) years. The
defendant shall pay a fine
of
$1,250,000.00. The fine includes any
costs ofincarceration and/or
supervision.
All remaining counts are
dis missed
on the motion ofthe United
States. Statement ofreasons.
The defendant is hereby committed to
the custody
ofthe United States Bureau
of Prisons to be imprisioned for a term
of fifteen (15) months. The court makes
the following recommendations to the
Bureau
ofPrisons: Federal Prison Camp
in Oxford, Wiscon sin because
of
defendant's lack of previous record and
so that he
can be close to family and
friends. The defendant shall surrender
for service
of sentence at the institution
designated by the Bureau
ofPrisons,
before 2:00 p.m.
on
06/21/94.
Upo n
release from imprisonment, the
defendant shall be on supervised release
for a term
of two (2) years. The
defendant shall pay a fme
of
$1,250,000.00. The fine includes any
costs
of incarceration and/or
supervision. All remaining counts are
dis missed
on the motion of the United
States. Statement
of reasons.
https:llecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
11/12/2008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CMlECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page 4
of 11
Terminated Counts
None
Highest Offense Leyel (Terminated)
None
~
None
Assigned to: Hon. John
A. Nordberg
Defendant (3)
Thomas
J
O'Connor
TERMINATED: 0611912000
Pending Counts
18:1341 POSTAL,INTERSTATE
WIRE, RADIO, ETC.
(I)
26:7206(1) DECLARE UNDER
PENALTY OF PERJURY INCOME
TAX
(6)
Highest Offense Level (Op-ening)
Felony
Terminated Counts
Disposition
.lliIiposition
represented by Michael D. Walsh
Attorney at Law
10001 South Roberts Road
Palos
Hills, IL 60465
(708) 599-7500
LEAD ATTORNEY
Designation: Retained
Disposition
The defendant is hereby committed to
the custody
ofthe United States Bureau
ofPrisons to be imprisoned for a tenn
of 9 months. Upon release from
imprisonment, the defendant shall be on
supervised release for a term
of 3 years.
The defendant shall m ake resitution to
the City
of Chicago in the amount of
$1,000.00. Statement ofreasons.
The defendant is hereby committed
to
the custody of the United States Bureau
of Prisons to be imprisoned for a tenn
of 9 months. Upon release from
imprisonment, the defendant shall be
on
supervised release for a term of 3 .years.
The defendant shall
rn ake resitution to
the City
of Chicago in the amount of
$1,000.00. Statement of reasons.
Disposition
https:llecf.i1nd.Uscourts.gov/cgi-binlDktRptpl?750425135871943-L_801_0-1
11/12/2008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CMlECF LIVE, Ver 3.2.2. U.S. District Court, Northern Illinois
None
Highest Offense Leyel
(Terminated)
None
Page 5
on1
~
None
Plaintiff
United States of America
represented by Jacqueline O.
Stern
United States Attorney's Office (NOlL)
219 South Dearborn Street
Suite 500
Chicago,
1L 60604
(312) 353-5300
Email: jacqueline.stern@usdoj.gov
LEAD
AITORNEY
AITORNEY TO BE NOTICED
Pretrial Services
435-5545
Email:
ilnptdb_Court_Action_Notice@ilnpt.uscourts.gov
AITORNEY TO BE NOTICED
Probation Department
408-5197
Email: Intake_DockeULNP@ilnp.uscourts.gov
AITORNEY TO BE NOTICED
Date Filed
#
Docket Text
07/08/1993
42
MOTION by Thomas
J O'Connorto modify recommended prison facility ;
Notice of motion (pmp) (Entered:
07/11/1994)
09120/1993
1
INFORMATION Edward H Pruim (1) count(s)
1,2-5, Robert J. Pruim (2)
count(s)
1,2-5 and Thomas J O'Connor(3) count(s) 1, 6. (pmp) (Entered:
09/21/1993)
09120/1993
2
DESIGNATION SHEET Felony Category
II (prop) (Entered: 09121/1993)
09/21/1993
3
ARRAIGNMENT NOTICE:
as to defendants: Arraignment and plea is set for
10/01/93
at 9:45 a.m. before Judge Nordberg. Mailed notice (pmp) (Entered:
09/21/1993)
https:llecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
11/1212008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CMlECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page 60fll
09124/1993
4
ORDER setting conditions
ofrelease of
9/24/93
by Hon. John A. Nordberg as
to Edward H Pruim : $4,500.00 own recognizance set for Edward H. Pruim.
Mailed notice (pmp) (Entered:
09/27/1993)
09/24/1993
5
BOND ($4,500.00 own recognizance) by Edward H Pruim (pmp) (Entered:
09127/1993)
09/24/1993
6
ORDER setting conditions
of release of
9/24/93
by Hon. John A. Nordberg as
to Robert J. Pruim : $4,500.00 own recognizance set for Robert J. Pruim.
Mailed notice (pmp) (Entered:
09/27/1993)
09/24/1993
7 BOND ($4,500.00 own recognizance) by Robert J. Pruim (pmp) (Entered:
0912711993)
09/24/1993
8
LEITER from Edward H Pruim of agreement. (Attachments) (pmp) Modified
on
0912811993
(Entered:
09/28/1993)
0912411993
9 WAIVER of indictment by Edward H Pruim (pmp) (Entered:
09/28/1993)
09124/1993
10 PLEA Agreement as to Edward H Pruim (pmp) (Entered:
09/2811993)
09124/1993
II
MINUTE ORDER of
9124/93
by Hon. John
A.
Nordberg as to Edward H
Pruim : Defendant Edward H Pruim arraigned. Enter signed waiver
of
indictment. Enter plea agreement. Defendant waives formal reading ofthe
information and pleas guilty to all counts. Sentencing hearing set for
01104/94
at I: 15 p.m, The court finds Edward H Pruim competent to plead, the plea is
voluntary and there is a factual basis for the plea. Judgment of guilty entered.
Cause referred to the Probation Department for a presentence investigation.
Mailed notice (pmp) (Entered:
09/28/1993)
0912411993
12
LEITER ofagreement by Robert J. Pruim. (Attachments) (pmp) (Entered:
09/2811993)
09124/1993
13
WAIVER of indictment by Robert J. Pruim (pmp) (Entered:
09/28/1993)
0912411993
14
PLEA Agreement as to Robert J, Pruim (pmp) (Entered:
09/28/1993)
09/24/1993
15
MINUTE ORDER of
9124/93
by Hon, John
A.
Nordberg as to Robert J. Pruim :
Defendant Robert
J. Pruim arraigned, Enter signed wavier of indictment. Enter
plea agreement. Defendant waives formal reading of the information and pleads
guilty to all counts. The court finds defendant is competent to plead, the plea is
voluntary and there is a factual basis for the plea. Judgment of guilty entered.
Cause referred to the Probation Department for a presentence investigation.
Sentencing hearing set for
01104/94
at I :15 p.m. Mailed notice (pmp) (Entered:
09/2811993)
09/2911993
16
SEALED document (pmp) (Entered:
09/29/1993)
10/0111993
17
WAIVER ofindictment by Thomas J O'Connor(fce) (Entered:
10/04/1993)
10/0111993
18
PLEA Agreement as to Thomas J O'Connor(fce) (Entered:
10/04/1993)
10/0111993
19
MINUTE
ORDER of
1011193
by Hon. John A. Nordberg as to Thomas J
O'Connor: Arraignment and plea held. Enter signed waiver of indictment.
Enter plea Agreement. Defendant waives formal reading
ofthe information and
https:llecf.iInd.uscourts.gov/cgi-binlDktRpt.p1?750425135871943-L_801_0-1
11112/2008
Electronic Filing - Received, Clerk's Office, November 12, 2008
CMJECF
LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page 7
of 11
pleads guilty to counts one and
six.
The court finds the defendant is competent
to pead, the plea is voluntary and there is a factual basis for the plea. Judgment
of guilty entered. Cause referred to the probation department for a presentence
investigation. Sentencing set for 01/1 1/94
at 1:15 p.m. Mailed notice (fee)
(Entered: 10/04/1993)
10/01/1993
20
ORDER setting conditions
of release of 10/1/93 by Hon. John A. Nordberg as
to Thomas J
O'Connor:$4,500.00 own recognizance set for Thomas J
O'ConnorMailed notice (fee) (Entered: 10/04/1993)
10/01/1993
21
BOND ( 4,500.00 own recognizance) by Thomas J O'Connor(fee) (Entered:
10/04/1993)
12/27/1993
22
MINUTE
ORDER of 12/27/93 by Hon. John
A.
Nordberg as to Edward H
Pruim and Robert
J. Pruim : Sentencing hearing set for 01/14/94 are stricken
and reset
to 02/10/94 at 1:15 p.m. Telephoned notice (pmp) (Entered:
01/08/1994)
12/27/1993
23
MINUTE ORDER of 12/27/93 by Hon. John A. Nordberg as to Thomas J
O'Connor: Sentencing hearing set for 01/11/94 is stricken and reset to 02/16/94
at I:
15 p.m. Telephoned notice (pmp) (Entered: 01/08/1994)
01/27/1994
24
OBJECTIONS by Robert
J. Pruim, to presentence investigation report; Notice
offiling. (pmp) (Entered: 01/28/1994)
01/31/1994
25 MOTION by Edward H Pruim
to adopt; Notice of filing. (pmp) (Entered:
02/01/1994)
02/01/1994
26 OBJECTIONS by
USA to the presentence investigation report [24-1]; Notice of
filing. (pmp) (Entered: 02112/1994)
02/10/1994
27
MINUTE
ORDER of 2/1 0/94 by Hon. John
A.
Nordberg as to Edward H Pruirn
and Robert
J. Pruirn : Sentencings hearing set for 02/10/94 are stricken and
reset to 03/07/94
at 1:15 p.m. No notice (pmp) (Entered: 02/1211994)
03/07/1994
28
MINUTE
ORDER 00/7/94 by Hon. John A. Nordberg as to defendants:
Sentencing hearing set for 03/07/94 is stricken and reset to 04/06/94 at 1:
15
p.m. Telephoned notice (pmp) (Entered: 03/08/1994)
03/14/1994
29
MINUTE
ORDER of3/14/94 by Hon. John A. Nordberg as to Thomas J
O'Connor: Sentencing hearing set for 03/15/94 is stricken and reset
to 04/12/94
at I :15 p.m. Mailed notice (pmp) (Entered: 03/15/1994)
03/16/1994
30
MINUTE
ORDER of 3/16/94 by Hon. John A. Nordberg as to Thomas J
O'Connor: On the court's own motion sentencing bearing set for 04/12/94 is
stricken and reset to 04/28/94 at I: 15 p.m. Mailed notice (pmp) (Entered:
03/17/1994)
04/0511994
31
MINUTE ORDER of 4/5/94 by Hon. John A. Nordberg as to defendants:
Sentencings hearing
set for 04/06/94 is stricken and reset 004/07/94 at 4:30
p.m. Telephoned notice (pmp) (Entered: 04/06/1994)
04/07/1994
32 MINUTE
ORDER of4/7/94 by Hon. John A. Nordberg as to defendants:
Sentencing hearing set for 04/07/94 are stricken and reset
to 04112/94 at 4:30
hltps://ecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
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CM/ECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page
g of I J
p,m. Telephone notice (pmp) (Entered: 04/07/1994)
04/07/1994
33 MlNUlE ORDER of 4/7/94 by Hon. John A. Nordberg as to defendants:
Sentencing hearing set
for
04f12/94
is stricken and reset to
04f14/94
at 2:00
p.m. Telephoned notice (pmp) (Entered: 04/08/1994)
04/15/1994
34 MINUTE ORDER of 4/15/94 by Hon. John A. Nordberg as to defendants:
Sentencings set for this date
are continued to 04/18/94 at 3:30p.m, at the
request of attorney for the defendants.
No notice (fee) Modified on
04f15/1994
(Entered: 04/15/1994)
04/18/1994
35
LEITER from U.S. Department of Justice, to Mr. Sklarsky, dated 04/14/94.
(pmp) (Entered: 04/20/1994)
04/1
8f1
994
36
LEITER from U. S. Department ofJustice, to Mr. Steinback, dated 04/14/94.
(pmp) (Entered: 04/20/1994)
04/1
8f1
994
37
SENTENCING ORDER of 4/18/94 by Hon. John A. Nordberg as to Edward H
Pruim : Sentencing Edward H
Pruim (1) count(s) J, 2 -5 . The defendant is
hereby committed to the custody of the United States Bureau ofPrisons to be
imprisoned for term oftwenty-one (21) months. The court makes the following
recommendations
to the Bureau of Prisons: Federal Prison Camp in Oxford,
Wisconsin because ofdefendant'slack
of previous record and so that he can be
close to family friends. The defendant shall surrender for service of sentence at
the institution designated by the Bureau ofPrisons, as notified by the Probation
Office,
the fifth Tuesday after co-defendant Robert Pruim is released. Upon
release from imprisonment, the defendant shall be on supervised release for a
term of two (2) years. The defendant shall pay a fine of$I,250,000.00. The fine
includes
any cost of incarceration and/or supervised. All remaining counts are
dismissed on the motion
of the United States. Statement ofreasons. Mailed
notice (pmp) (Entered: 04/25/1994)
04f18/1994
38
SENTENCING ORDER of 4/18/94 by Hon. John A. Nordberg as to Robert J.
Pruim: Sentencing Robert J. Pruim (2) 1,2 -5 . The defendant is hereby
committed
to the custody ofthe United States Bureau ofPrisons to be
imprisioned for a term of fifteen (15) months. The court makes the following
recommendations
to the Bureau ofPrisons: Federal Prison Camp in Oxford,
Wisconsin because
of defendant's lack ofprevious record and so that he can be
close to family and friends. The defendant shall surrender for service of
sentence at the institution designated by the Bureau of Prisons, before 2:00 p.m.
on 06121/94. Upon release from imprisonment, the defendant shall be on
supervised release for a term of two (2) years. The defendant shall pay a fine of
$1,250,000,00. The fine includes any costs of incarceration and/or supervision.
All remaining counts are dismissed on the motion of the United States,
Statement
of reasons. Mailed notice (pmp) (Entered:
04/25f1994)
04125/1994
JUDGMENT and Commitment issued to U.S. Marshal, as to Edward H. Prium.
(pmp) (Entered: 04/25/1994)
04125/1994
JUDGMENT and Commitment issued to U.S. Marshal, as to Robert J. Pruim. .
(pmp) (Entered: 04/25/1994)
06/09/1994
39
SENTENCING ORDER of 6/9/94 by Hon. John A. Nordberg: Sentencing
https://ecf.ilnd.uscourts.gov/cgi-binlDktRpt.pI7750425135871943-L_801_0-1
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CMlECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page 90f11
Thomas J O'Connor(3) count(s) I, 6 . The defendant is hereby committed to
the custody
of the United States Bureau ofPrisons to be imprisoned for a term
of 9 months. Upon release from imprisonment, the defendant shall be on
supervised release for a term of3 years. The defendant shall make resitution to
the City
of Chicago in the amount oUI,OOO.OO. Statement ofreasons. Mailed
notice (srn) (Entered: 06/13/1994)
06/13/1994
JUDGMENT and Commitment issued to U.S. Marshal Hon. John
A.
Nordberg
(srn) (Entered: 06/13/1994)
06/17/1994
40
EMERGENCY motion by Robert J.
Pruim to extend time to report to Bureau of
Prisons; Notice of emergency motion (pmp) (Entered: 06/20/1994)
06/17/1994
41
MINUTE ORDER of 6/17/94 by Hon. John A. Nordberg as to Robert J. Pruim :
Granting defendant's emergency motion to extend time to report
to Bureau of
Prisons [40-1] without objection. Defendant to surrender to his designated
institution by 07/26/94 noon. Mailed notice (pmp) (Entered: 06/2011994)
07/08/1994
43 MINUTE ORDER of 7/8/94 by Hon. John
A.
Nordberg as to Thomas J
O'Connor: Granting defendant's motion to modify recommended prison facility
[42-1] without objection. It is the recommendation
of this court that defendant
be assigned to the Duluth, Minnesota facility. Mailed notice (pmp) (Entered:
07/1 1/1994)
07/11/1994
44 MINUTE ORDER of7/11/94 by Hon. John A. Nordberg as to Thomas J
O'Connor: Defendant is to surrender to his designated institution 07/19/94
there being no objection from the government to this extension. Mailed notice
(pmp) (Entered: 07/12/1994)
08/09/1994
45
MOTION by USA for sentencing on failure to pay a fine as to defendants
Edward H Pruim and Robert J. Pruim (Attachments); Notice
ofmotion. (fee)
Modified on 12/21/1994 (Entered: 08/12/1994)
08/09/1994
46
MINUTE ORDER
of 8/9/94 by Hon. John A. Nordberg as to defendants
Edward H Pruim and Robert J Pruim : Answer briefto defendant Edward H
Pruim and Robert J Pruim's motion for sentencing on failure to pay a fine due
08/23/94. Reply to answer
briefdue 09/06/94 [45-1]. Hearing on defendant
Edward H
Pruim and Robert J Pruim's motion for sentencing on failure to pay a
fme set for 09/08/94 [45-1]. Mailed notice (fee) (Entered: 08/12/1994)
08/23/1994
47
MINOT.!' ORDER of 8/23/94 by Hon. John A. Nordberg as to Robert J. Pruim :
Defendanes time within which
to file response to government'smotion for
sentencing by 08/30/94 is granted without objection. [45-1]
No notice (pmp)
(Entered: 08/25/1994)
08/24/1994
48 PETITION for Writ
ofHabeas Corpus Ad Prosecuendum as to Robert J. Pruim;
Notice of filing (pmp) (Entered: 08/25/1994)
08/24/1994
49
MINUTE ORDER
of 8/24/94 by Hon. John A. Nordberg as to Robert J. Pruim:
Granting United States of America's petition for writ ofhabeas corpus ad
prosequendum. [48-1] Order writ to issue for the body
of Robert Jacob Pruim
returnable 09/08/94 at 9:30 a.m. Mailed notice (pmp) (Entered: 08/25/1994)
09/01/1994
50
RESPONSE by Edward H Pruim
to motion for sentencing for failure to pay
htlps://ecf.i1nd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
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CM/ECI'LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
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ofll
balance of a fme (Attachments); Notice of filing. (fee) (Entered: 09/02/1994)
09/02/1994
51
RESPONSE by defendant Robert J. Pruim to gove=ent'smotion for
sentencing on failure to pay a fine; Notice
of filing. (fee) (Entered: 09/06/1994)
09/02/1994
52
REPLY
by plaintiff re: sentencing on failure to pay a fine. (fee) (Entered:
09/06/1994)
09/08/1994
56
MINUTE ORDER
of 9/8/94 by Han. John A. Nordberg as to Edward H Pruim,
Robert
J. Pruim, Thomas J O'Connor:Hearing held as to government'smotion
sentencing on fine. Setting hearing on government's motion for sentencing
on
failure to pay a fine as to defendants Edward H Pruim and Robert J. Pruim [45-
I] is entered and continued to 01/19/95 at 9:30 a.m.
If no objections are filed by
09/15/94 defendant Robert Pruim is to
be returned to his designation institution
in Dulith, Minnesota. Court vacates writ
of habeas corpus ad prosequendum.
Mailed notice (pmp) Modified on 12/21/1994 (Entered: 09/14/1994)
09112/1994
53 JOINT motion by USA for an order directing the clerk to accept a two-party
check as to defendant Edward H Pruim. (Attachments); (pmp) (Entered:
09/12/1994)
09/12/1994
54
ORDER as to Edward H Pruim (pmp) (Entered: 09/12/1994)
09/12/1994
55
MINUTE ORDER
of
9/12/94
by Hon. John
A.
Nordberg as to Edward H
Pruim : Granting defendant'sjoint motion for an order directing the clerk to
accept a two-party check as to defendant Edward H Pruim. [53-I] Mailed notice
(pmp) (Entered:
09/12/1994)
09/20/1994
57
ORDER as to Edward H Pruim and Robert J. Pruim (pmp) (Entered:
09/2111994)
09/20/1994
58
MINUTE ORDER
of
9/20/94
by Hon. John A. Nordberg as to Edward H Pruim
and Robert
J. Pruim : Pursuant to an agreement of parties enter order as to
payment of fines agreed upon in plea agreement. Mailed notice (pmp) (Entered:
09/2111994)
12/20/1994
59
MINUTE
ORDER of 12/20/94 by Han. John A. Nordberg as to Edward H
Pruim, Robert
J. Pruim, Thomas J O'Connor, USA: Setting hearing on
government'smotion for sentencing on failure to pay fine
as to defendants
Edward H Pruim and Robert
J. Pruim [45-1]. Time for status on 01/19/95 is
changed from 9:30 a.m. to 2:00 p.m. Mailed notice
(dmk) (Entered:
12/2111994)
01118/1995
60
MINUTE ORDER
of
1/18/95
by Han. John A. Nordberg as to defendants:
Hearing on government's motion regarding fine reset to
03/09/95
at 2:00 p.m.
Telephone notice (pmp) (Entered: 01/19/1995)
03/08/1995
61
MINUTE ORDER of
3/8/95
by Han. John
A.
Nordberg as to RobertJ. Pruim
and Thomas J O'Connor:Hearing on government'smotion regarding
sentencing on the pay a fme as to defendants Edward H Pruim and Robert
J.
Pruim [45-1] is reset to 04/26/95 at 2:00 p.m. Telephoned notice (pmp)
(Entered: 03/09/1995)
04/2411995
62
MINUTE ORDER
of
4/24195
by Han. John A. Nordberg as to defendants:
https://ecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
11/12/2008
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CMlECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois
Page
II of 11
Hearing on government'smotion for sentencing on failure to pay a fine as to
defendants Edward H Pruim and Robert
J. Pruim [45-1] is reset to 05/31/95 at
2:00 p.m. Telephoned notice (pmp) (Entered: 04/25/1995)
05/3111995
63
MINUTE ORDER of 5/31/95 by Hon. John A. Nordberg as to Edward H Pruim
and Robert
J. Pruim : Hearing on government's motion for sentencing on failure
to pay a fine as to defendants Edward H Pruim and Robert J. Pruim [45-1] is
reset to 07/10/95 at 2:00 p.m. Mailed notice (pmp) (Entered: 06/0111995)
07/06/1995
64
MINUTE ORDER
of 7/6/95 by Hon. John A. Nordberg as to Edward H Pruim
and Robert
J. Pruim : Withdrawing government'smotion for sentencing on
failure to pay a fme as to defendants Edward H Pruim and Robert J. Pruim. [45-
I] Mailed notice (pmp) (Entered: 07/07/1995)
07112/]995
65
SATISFACTION ofjudgments by USA
in the amount of$I,250,000.00 (pmp)
(Entered: 07/13/1995)
07/12/1995
66
SATISFACTION
ofjudgments by Robert J. Pruim
in
the amount of $1,250,000
(pmp) (Entered: 07/13/1995)
09/18/1996
68
MOTION by defendant/supervisees Robert J. Pruim to terminate probation;
(Exhibits); Notice
ofmotion and certificate of service (pmp) (Entered:
09/3011996)
09/2611996
69 MINUTE ORDER of
9/26196
by Hon. John A. Nordberg as to Robert J. Pruim :
Granting defendant/supervisee motion to terminate probation [68-1] as being
satisfactorily completed. Mailed notice (pmp) (Entered:
09/3011996)
09/27/1996
67
SATISFACTION
ofjudgments by USA in the amount of$I,OOO.OO (pmp)
(Entered: 09/27/1996)
05/12/1998
70
MOTION by defendant/supervisee Edward H Pruim to terminate probation
(Exhibits); Notice ofmotion (lant) (Entered: OS/29/1998)
05/27/1998
71
MINUTE ORDER of 5/27/98 by Hon. John A. Nordberg as to defendant
Edward H Pruim : Defendant'smotion to terminate probation granted [70-]]
as
being satisfactorily completed. Mailed notice (lant) (Entered: OS/29/1998)
https:llecf.ilnd.uscourts.gov/cgi-binlDktRpt.pl?750425135871943-L_801_0-1
11/12/2008
Electronic Filing - Received, Clerk's Office, November 12, 2008
Federal Bureau of Prisons
Inmate Locator - Locate Federal Inmates from 1982 to present
lI/l0/0S S:1l PM
Name
1. ROBERT
J
PRUIM
NewSeareh
Regleter
Number
Age
Race
05492-424
62
White
Privacy
Release Date
Ssx
Actusl
I
ProJscted
M
08-25-1885
LocaUon
RELEASED
Rssulla 1- 1of 1
hnp:llwww.bop.gDv/lloc2/lnmaleFlnderServfet7TraTl5aetlon.Name~
...me.... Rober1&Mlddfe-J&LastName...
prulm&Race...
W&Sex-M&Age..
&l(.... 101&V...
lS
Page 1
of
1
Electronic Filing - Received, Clerk's Office, November 12, 2008
Federal Bureau of Prisons
Inmate Locator - Locate Federal inmates from 1982 to present
11/10/0S S:13 PM
Name
1. EOWARO H PRUIM
New Search
Register
Number
Age Race
05491.424
64
Whn.
Privacy
Release Dale
Sex
Actusl / Projected
M
05.01.1997
Locallon
RELEASED
Results 1• 1 01 1
htlP://WWN,bop,gov/lloc2/lnmilteFlnderServlet7Transactlon..NameS ...ameICIEdward&Mlddle
g
H&LastName-Prulm&Race...U&Sex-U&Age-&x..7D&y..12
Page
10rl
Electronic Filing - Received, Clerk's Office, November 12, 2008
CERTIFICATE OF SERVICE
1, Clarissa Y. Cutler
(f/k/a
Grayson), an attorney, hereby certify that 1 caused to be served
a copy
of the foregoing RESPONDENTS COMMUNITY LANDFILL COMPANY, INC.
AND EDWARD
PRUIM AND ROBERT PRUIMS' MOTION
IN LIMINE
#1 TO
EXCLUDE EVIDENCE OF RESPONDENTS' PRIOR CONVICTIONS, by electronic
filing, emailing, and by placing same in first-class postage prepaid envelopes and depositing
same in the U.S. Mail Box located at 200 North LaSalle Street, Chicago, Illinois, this
12TIl
day
of NOVEMBER, 2008, addressed as follows:
By U.S. Mail and email
Christopher Grant
Jennifer Van Wie
Environmental Bureau
Assistant Attorney General
69
W. Washington, 18th Floor
Chicago, Illinois 60602
cgrant@atg.state.il.us
jvanwie@atg.state.il.us
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago lL 60601
(312) 642-4414
Atty. No. 37346
By U.S. Mail
and email
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorab(aJ,ipcb.state.il.us
lsi
Clarissa
Y.
Cutler
One
of Respondents' Attorneys
Clarissa
Y. Cutler
(f/k/a
Grayson)
Attorney at Law (formerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago lL 60601
(312) 729-5067
Atty No. 44745
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 12, 2008
