Case: 1:10-cv-01168 Document #: 226-1 Filed: 05/11/12 Page 1 of 5 PageID #:2260 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NATHSON E. FIELDS, Plaintiff, v. CITY OF CHICAGO, et al., Defendants. Case No. 10 C 1168 Judge Matthew F. Kennelly Magistrate Judge Geraldine Soat Brown DEFENDANT CITY OF CHICAGO'S AMENDED ANSWERS TO PARAGRAPHS 4 AND 5 OF PLAINTIFF'S FIRST SET OF INTERROGATORIES Defendant, the City of Chicago, ("City", by its attorney, Terrence M. Bums of Dykema Gossett PLLC, and for its amended answers to paragraphs 4 and 5 of plaintiffs first set of interrogatories, states: INTERROGATORIES 4. Identify the names of any known persons, agencies, government offices, entities, or law enforcement officers or agencies both currently or previously involved in identifying, selecting, handling, transporting or copying documents or materials related to the investigation of the April 28, 1984 murders of Jerome "Fuddy" Smith and Talman Hickman. This interrogatory seeks to establish the chronological chain of custody for any and all documents, notes, or materials compiled during the investigation of the murders of Jerome "Fuddy"' Smith and Talman Hickman, including but not limited to, the documents Bates stamped CITY-NF-001023 through 1117. ANSWER: The City objects to this interrogatory because it calls for speculation, is vague and ambiguous, and because it is unduly burdensome to attempt to identify every person, agency, government office, entity, or law enforcement office or agency ever involved in identifying, selecting, handling, transporting or copying documents or materials related to the investigation of the April 28, 1984 murders of Jerome "Fuddy" Smith and Talmon Hickman or the chain of custody for said documents. Subject to and without waiving the objection, the City states that originals of certain of the documents relating to the Smith/Hickman murder investigation are 1
Case: 1:10-cv-01168 Document #: 226-1 Filed: 05/11/12 Page 2 of 5 PageID #:2261 currently located at a warehouse at 39th and Michigan in Chicago and at Area 1 Detective Division located at 51st and Wentworth in Chicago. As for documents bates stamped CITY-NF- 001023 through 1117, they are currently located at 51st and Wentworth. At one time documents would also have been located at the Criminalistics Division. (See CITY-NF-000898 through 000921. The City is unable to determine the chronological chain of custody at this time for any and all documents compiled during the investigation of the murders of Jerome "Fuddy"' Smith and Talman Hickman. With respect to documents relating to the Smith/Hickman murder investigation in the possession of persons and agencies outside the Chicago Police Department, including but not limited to the State's Attorney's Office, the office of the United States Attorney, the Bureau of Alcohol, Tobacco, and Firearms, and the offices of various criminal defense attorneys, the City objects to this interrogatory. 5. List the addresses of your document depositories or any other place where you maintain or have maintained records relating to the April 28, 1984 murders of Jerome "Fuddy" Smith and Talman Hickman up through and including the present, and also list the Bates stamp number and other identifying information for the document or documents in question, as well as the dates in which the document or documents have been retained in the specific location(s listed. If the records have been moved at all during the time period between April 1984 and the present, state the reason for the move, and if a clear chain of custody cannot be established, provide an explanation. This interrogatory seeks to establish the chronological chain of custody for any and all documents, notes or materials compiled during the investigation of the murders of Jerome "Fuddy"' Smith and Talman Hickman, including but not limited to, the documents Bates stamped CITY-NF-001023 through 1117. ANSWER: The City objects to this interrogatory because it calls for speculation, is vague and ambiguous, and because it is unduly burdensome to attempt to identify the location, movement, and chain of custody of the documents generated during the investigation of the April 28, 1984 murders of Jerome "Fuddy" Smith and Talmon Hickman from 1984 to the present. Subject to and without waiving the objection, the City states that the addresses for the document depositories that house documents relating to the Smith/Hickman murder investigation include a warehouse at 39th and Michigan in Chicago and Area 1 Detective Division located at 51st and 2
Case: 1:10-cv-01168 Document #: 226-1 Filed: 05/11/12 Page 3 of 5 PageID #:2262 Wentworth in Chicago. As for documents bates stamped CITY-NF-001023 through 1117, they are currently located at 51st and Wentworth. At one time documents would also have been located at the Criminalistics Division. (See CITY-NF-000898 through 000921. The City is unable to determine the chronological chain of custody at this time for any and all documents compiled during the investigation of the murders of Jerome "Fuddy'" Smith and Talman Hickman. Respectfully submitted, Terrence M. Burns Paul A. Michalik Daniel M. Noland Dykema Gossett PLLC 10 South Wacker Dr., Suite 2300 Chicago, Illinois 60606 (312 876-1700 By:...;.,=-"-...:= ::_-.-.,;:. -+-- One of the Attorneys for the Defenda t, CITY OF CHICAGO, 3
Case: 1:10-cv-01168 Document #: 226-1 Filed: 05/11/12 Page 4 of 5 PageID #:2263 VERIFICATION Sgt. Robert Flores, assigned to the Office of Legal Affairs, Chicago Police Department, verifies that he signed the foregoing Defendant City of Chicago's Amended Answers to Paragraphs 4 and 5 of plaintiffs First Set of Interrogatories Directed to the City, that he is duly authorized to do so; that certain of the matters stated in the foregoing Answers are not within his personal knowledge, and to his personal knowledge and belief, there is no employee of the City of Chicago who has personal knowledge of all such matters; and that the statements set forth in the foregoing Answers are based on documents and information which has been assembled by authorized employees and counsel of the City of Chicago, and he is informed and believes that the statements set forth in the foregoing Answers are true and accurate to the best of his knowledge, information and belief. At? Sgt. Robert Flores Office of Legal Affairs Chicago Police Department
Case: 1:10-cv-01168 Document #: 226-1 Filed: 05/11/12 Page 5 of 5 PageID #:2264 CERTIFICATE OF SERVICE I hereby certify that on April24, 2012, I served the foregoing by U.S. Mail to: H. Candace Gorman Law Office of H. Candace Gorman 220 S. Halsted Suite 200 Chicago, IL 60661 312.427.2313 hcgorman1@gmail.com Stephen L. Garcia Office of the Cook County State's Attorney 500 Richard J. Daley Center Chicago, IL 60602 312.603.5475 sgarcia@cookcountygov.com and Leonard C. Goodman Melissa A. Matuzak Law Offices of Leonard C. Goodman 53 W. Jackson Suite 1220 Chicago, IL 60604 312.986.1984 lcgoodman@rcn.com melissamatuzak@gmail.com 1