{ "id": 4285881, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD SCOLARO, Defendant-Appellant", "name_abbreviation": "People v. Scolaro", "decision_date": "2009-05-29", "docket_number": "No. 1-06-3144", "first_page": "671", "last_page": "680", "citations": [ { "type": "official", "cite": "391 Ill. App. 3d 671" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "19 Berkeley Tech. L.J, 1227", "category": "journals:journal", "reporter": "Berkeley Tech. L.J.", "year": 2004, "pin_cites": [ { "page": "1229-30" } ], "opinion_index": 0 }, { "cite": "994 So. 2d 293", "category": "reporters:state_regional", "reporter": "So. 2d", "case_ids": [ 8202206 ], "year": 2006, "pin_cites": [ { "page": "301" } ], "opinion_index": 0, "case_paths": [ "/so2d/994/0293-01" ] }, { "cite": "45 Ill. App. 3d 910", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2892418 ], "year": 1977, "pin_cites": [ { "page": "915", "parenthetical": "to prove possession in a drug context, the State must \"establish beyond a reasonable doubt not only that the accused had knowledge of the presence of contraband, but also that the contraband was in the accused's possession and control\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/45/0910-01" ] }, { "cite": "215 Ill. 2d 317", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4059981 ], "year": 2005, "pin_cites": [ { "page": "325" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/215/0317-01" ] }, { "cite": "411 F.3d 1198", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 8957445 ], "weight": 5, "year": 2005, "pin_cites": [ { "page": "1200" }, { "page": "1202" }, { "page": "1202" }, { "page": "1202" } ], "opinion_index": 0, "case_paths": [ "/f3d/411/1198-01" ] }, { "cite": "118 P3d 413", "category": "reporters:state_regional", "reporter": "P.3d", "year": 2005, "pin_cites": [ { "page": "416", "parenthetical": "the issue of possession in the context of computer images concerns whether the defendant \"reached out for and exercised dominion and control\" over the images" } ], "opinion_index": 0 }, { "cite": "129 Wash. App. 378", "category": "reporters:state", "reporter": "Wash. App.", "case_ids": [ 3682381 ], "year": 2005, "pin_cites": [ { "page": "385", "parenthetical": "the issue of possession in the context of computer images concerns whether the defendant \"reached out for and exercised dominion and control\" over the images" } ], "opinion_index": 0, "case_paths": [ "/wash-app/129/0378-01" ] }, { "cite": "63 Va. Cir. 216", "category": "reporters:state", "reporter": "Va. Cir.", "case_ids": [ 3779353 ], "weight": 2, "year": 2003, "opinion_index": 0, "case_paths": [ "/va-cir/63/0216-01" ] }, { "cite": "2004 WI App. 159", "category": "reporters:neutral", "reporter": "WI App", "case_ids": [ 9016246 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/wis-2d/275/0851-01" ] }, { "cite": "455 F.3d 990", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 3254369 ], "weight": 3, "year": 2006, "pin_cites": [ { "page": "998", "parenthetical": "\"in the electronic context, a person can receive and possess child pornography without downloading it, if he or she seeks it out and exercises dominion and control over it.\"" }, { "page": "998" }, { "page": "999" } ], "opinion_index": 0, "case_paths": [ "/f3d/455/0990-01" ] }, { "cite": "94 F.3d 1373", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 11344988 ], "year": 1996, "pin_cites": [ { "page": "1380", "parenthetical": "defining 'knowing possession' in drug context as encompassing situations in which an individual 'knowingly hold[s] the power and ability to exercise dominion and control' over the narcotics (quotation omitted)" } ], "opinion_index": 0, "case_paths": [ "/f3d/94/1373-01" ] }, { "cite": "57 F.3d 1544", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 7415180 ], "year": 1995, "pin_cites": [ { "page": "1555" } ], "opinion_index": 0, "case_paths": [ "/f3d/57/1544-01" ] }, { "cite": "305 F.3d 1193", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 11393393 ], "weight": 4, "year": 2002, "pin_cites": [ { "page": "1204-05" }, { "page": "1205" }, { "page": "1205" } ], "opinion_index": 0, "case_paths": [ "/f3d/305/1193-01" ] }, { "cite": "106 Ill. 2d 237", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3138930 ], "year": 1985, "pin_cites": [ { "page": "261" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/106/0237-01" ] } ], "analysis": { "cardinality": 959, "char_count": 22735, "ocr_confidence": 0.767, "pagerank": { "raw": 5.0011153170616546e-08, "percentile": 0.31478746444290767 }, "sha256": "d6fbf85b3920254e49a7c3d57f1cfe01e09f563644213b43239e80296c93a544", "simhash": "1:9620c98b9b06f869", "word_count": 3724 }, "last_updated": "2023-07-14T21:50:16.782503+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD SCOLARO, Defendant-Appellant." ], "opinions": [ { "text": "PRESIDING JUSTICE FITZGERALD SMITH\ndelivered the opinion of the court:\nFollowing a bench trial, defendant Richard Scolaro was found guilty of possession of child pornography and sentenced to 12 months\u2019 probation. On appeal, defendant argues that the State failed to find him guilty of possession of child pornography beyond a reasonable doubt. For the following reasons, we affirm.\nI. BACKGROUND\nThis case originated from an international investigation, instigated by the Department of Homeland Security (DHS), of Internet child pornography. DHS obtained subscriber information from numerous child pornography Web sites, including names, addresses, telephone numbers, IP addresses, e-mail addresses, and credit card numbers. Special Agent Kevin Gerlock testified at trial that his investigation identified defendant as a subscriber. The information was then sent to Westchester, Illinois, police.\nWestchester police detective Dominick Luciano testified that on February 2, 2004, at approximately 9:40 a.m., he went to defendant\u2019s residence. Luciano told defendant that he was \u201cinvestigating inappropriate images on the Web that may be on his computer,\u201d and asked if defendant would allow him to enter his house. Defendant acquiesced. Luciano asked if he could conduct \u201can image scan on his computer, which would pull images off his computer and let [police] view them.\u201d Defendant agreed, and at 9:46 a.m. he signed a consent form authorizing Luciano \u201cof the Westchester Police Department or their agents, to conduct a complete search\u201d of his computer.\nLuciano then installed a flash drive, which is an external USB drive that plugs into the back of the computer. Using software called \u201cImageScan,\u201d developed and owned by the Federal Bureau of Investigation, Luciano attempted to \u201cpull\u201d images of child pornography from defendant\u2019s hard drive. When Luciano booted up defendant\u2019s computer, it froze. On a second try, the program started to produce certain nonpornographic images, but would not allow access to certain folders on the computer, so Luciano sought defendant\u2019s permission to send it out for a forensic examination. Defendant agreed. In addition to the computer, police officers confiscated pornographic videos and discs, none of which contained child pornography. According to Luciano, defendant told the officers that he \u201chad viewed images, but had never saved any on his computer.\u201d The police officers then left defendant\u2019s house.\nDefendant later voluntarily arrived at the police station asking to speak to Luciano. He was advised of his Miranda rights and taken to an interview room. Defendant advised Luciano of his background, which Luciano \u201cpretty much already knew\u201d \u2014 that he had worked for the park district for 20 years; coached baseball for 19 years; was a volunteer for a community church; and that he sold nutritional supplements as his main source of income. Defendant told Luciano that he subscribed to five Web sites that had child pornography on them. He sometimes previewed the images before he subscribed to the sites. Defendant believed the individuals he was viewing to be between 8 and 16 years of age.\nDefendant told Luciano that the images he observed were of children \u201cclothed. Some were naked. Some were kissing, some were holding. Some were posing.\u201d Defendant said when he viewed the pictures, he became aroused. He said he had never had any contact with any child, that he would never do that, and that his life depended on coaching and being around children. According to Luciano, defendant told him that in the past, he had received e-mails containing child pornography and that, on some occasions, he had forwarded them and sent them out as well.\nLuciano testified that federal agents produced 12 images from defendant\u2019s computer. Assistant State\u2019s Attorney (ASA) Kathy Mul-doon was then called and an interview took place between her and defendant, for which Luciano was present. Defendant then opted to give a handwritten statement.\nIn his handwritten statement, defendant averred that in February of 2002 he began visiting Web sites containing child pornography. The Web sites required a subscription or payment to join and view the images. Defendant used a credit card to make the payments, which were between $29 and $49 a month. He remembered the names of four out of the five Web sites he joined: Virgin X Boys, Sunrise Boys, Boys-Are-Us, and Charming Boys. Defendant stated that he would see a preview of the Web sites and then be directed to a different screen, where he would give his credit card information. Defendant was shown the 12 images taken from his computer, and he stated that he recognized the pictures as ones he viewed on the Web sites that he had paid for with his credit card. Defendant also admitted that he had been in chat rooms and instant-messaged individuals, and that some of those individuals sent him pictures. Defendant admitted that he sometimes sent a picture he had received from someone else to other people and that such pictures were of young boys, fully naked.\nOn cross-examination, ASA Muldoon stated that she never asked defendant whether he saved or deleted anything from the Web sites he visited, and if defendant had provided such information, it would have been included in his statement.\nDHS Special Agent Jarrod Winkle performed a presearch of defendant\u2019s computer using a program called \u201cEnCase,\u201d which is designed to perform complete forensic analysis on computers and/or computer-type equipment, or media, without altering the computer media itself. Winkle found a program on defendant\u2019s computer hard drive called \u201cEvidence Eliminator,\u201d which is a program designed to eliminate files and/or evidence from a computer. Using EnCase, Winkle was able to obtain and recover some of the deleted computer files. Winkle found 689 images of child pornography in the unallocated section of defendant\u2019s computer hard drive and 1 image in a temporary file. The unallocated section of a hard drive is considered the \u201cfree space\u201d of the hard drive and is the area to which computer data or images are sent, sometimes automatically, by the Web site the user is visiting.\nOn cross-examination, Winkle admitted that he was not aware of the version of Evidence Eliminator on defendant\u2019s computer and that it could be used to remove benign programs or spam from a computer\u2019s hard drive. Winkle testified that an Internet cache exists to speed up access and that a temporary file is created to hold the various Web pages so they can load faster. Winkle recovered images of the front pages of various Web sites from defendant\u2019s computer and admitted that, from the images of the front pages, it did not appear that there were people engaged in sex acts. Winkle testified that when the 689 file images were deleted, the date on which they were viewed was lost as the images moved to the unallocated cache space on the hard drive. He could not say whether defendant intentionally deleted files. It is possible that the images could have come from one Web site or could have been attached to an e-mail. Winkle further testified that it was possible that the files could have been deleted without the user knowing that they remained on the unallocated Internet cache. Winkle further explained that a temporary directory may be created by the user or by the operating system of the computer and is used to store temporary files.\nAt the conclusion of the State\u2019s case-in-chief, defendant moved for a directed verdict, arguing in part that there was no knowing possession of the images. The trial court denied defendant\u2019s motion. Defendant rested his case. The trial court found defendant guilty of possession of child pornography.\nIn his posttrial motion, defendant argued that it is not a crime to go on a Web site and view child pornography and that he did not knowingly possess child pornography. The State responded that defendant sought out this material and used his credit card to subscribe to certain child pornography sites, which demonstrated knowing possession. The trial court denied the motion and sentenced defendant to 12 months\u2019 probation and admonished him to register as a sex offender. Defendant now appeals.\nII. ANALYSIS\nOn appeal, defendant argues that the State failed to prove him guilty of the offense of child pornography beyond a reasonable doubt. Specifically, defendant argues that the State failed to prove that he \u201cpossessed\u201d child pornography within the meaning of the statute because (1) no evidence was presented that he ever downloaded, saved, printed, or in any other way exerted control over the images, and (2) no evidence was presented that he knew such images existed on his computer.\nWhen reviewing a sufficiency of the evidence in a criminal case, our proper standard of review is whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See People v. Collins, 106 Ill. 2d 237, 261 (1985).\nDefendant was charged with child pornography pursuant to section 11 \u2014 20.1(a)(6) of the Criminal Code of 1961 (720 ILCS 5/11\u2014 20.1 (West 2004)), which states that a person commits the offense of child pornography when that person, with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child whom the person knows or reasonably should know to be under the age of 18, engaged in any activity described in the subparagraphs of paragraph (1) of the subsection. The statute further states that the charge of child pornography \u201cdoes not apply to a person who does not voluntarily possess a *** depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a *** depiction for a sufficient time to be able to terminate his or her possession.\u201d 720 ILCS 5/11 \u2014 20.1(b)(5) (West 2004). Accordingly, the State had to prove that defendant knowingly possessed child pornography in the cache folder of his computer.\nCourts have come to varying conclusions, however, in determining what \u201cpossession\u201d means in the context of computer images. While some jurisdictions, in both state and federal court, have had occasion to address the specific issue presented by this case, i.e., whether an individual can be in possession of pornographic materials when he or she has viewed the pornographic materials on a computer screen but has not copied or saved those files to the computer, Illinois has not. Thus, we have looked to other jurisdictions for guidance.\nIn United States v. Tucker, 305 F.3d 1193 (10th Cir. 2002), the United States Court of Appeals for the Tenth Circuit addressed the issue of whether a defendant could be convicted of possessing child pornography when he had viewed the prohibited images on his computer but did not save or download the images to the hard drive on his computer. The court stated:\n\u201cTucker maintains that he did not possess child pornography but merely viewed it on his Web browser. He concedes, however, that he knew that when he visited a Web page, the images on the Web page would be sent to his browser cache file and thus saved on his hard drive. Yet, Tucker contends that he did not desire the images to be saved on his hard drive and deleted the images from his cache file after each computer session. There is no merit to this argument.\n18 U.S.C. \u00a72252A(a)(5)(B) provides that any individual who\n\u2018knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains 3 or more images of child pornography that has been ... transported in interstate ... commerce ... shall be punished.\u2019\nThe statute does not define possession, but in interpreting the term, we are guided by its ordinary, everyday meaning. See Johns v. Stewart, 57 F.3d 1544,1555 (10th Cir. 1995). Possession is defined as \u2018the holding or having something (material or immaterial) as one\u2019s own, or in one\u2019s control.\u2019 Oxford English Dictionary (2d ed. 1989); see also United States v. Simpson, 94 F.3d 1373, 1380 (10th Cir. 1996) (defining \u2018knowing possession\u2019 in drug context as encompassing situations in which an individual \u2018knowingly hold[s] the power and ability to exercise dominion and control\u2019 over the narcotics (quotation omitted)). Tucker contends that because he did not personally save, or \u2018download,\u2019 the images to his hard drive, he had no control over them. We agree with the district court, however, that Tucker had control over the files present in his Web browser cache files.\nCustoms Agent Daufenbach testified that an individual could access an image in a cache file, attach it to an email, post it to a newsgroup, place it on a Web site, or print a hard copy. He stated, \u2018Just like as with any other data file, you could do almost anything with it.\u2019 Agent Hooper similarly testified that an individual could \u2018view [an image in the cache]. He could rename it. He could copy it to a floppy disk. He could email it to somebody. He could modify the file.... Anything he could do with any other file he could do with these files.\u2019 This unrebutted testimony conclusively demonstrates Tucker had control over images stored in his cache and thus possessed them.\u201d Tucker, 305 F.3d at 1204-05.\nThe court in Tucker went on to find that Tucker \u201cintentionally sought out and viewed child pornography knowing that the images would be saved on his computer.\u201d Tucker, 305 F.3d at 1205. The court found that Tucker may have wished that his Web browser did not automatically cache viewed images on his computer\u2019s hard drive, but he conceded that he knew the Web browser was doing so, and thus Tucker was viewing child pornography with the knowledge that the pornography was being saved, if only temporarily, on his computer. Tucker, 305 F.3d at 1205. Other courts have agreed with the reasoning in Tucker. See United States v. Romm, 455 F.3d 990, 998 (9th Cir. 2006) (\u201cin the electronic context, a person can receive and possess child pornography without downloading it, if he or she seeks it out and exercises dominion and control over it.\u201d); State v. Lindgren, 2004 WI App. 159, 275 Wis. 2d 851, 687 N.W.2d 60 (adopted the Tucker court\u2019s reasoning).\nIn the case at bar, defendant sought out the images he viewed by subscribing to certain Web sites, yet he claims he had no knowledge of the fact that images were being saved in his cache folder on his computer. However, other jurisdictions have held that an individual\u2019s lack of knowledge is not fatal to a charge of possessing child pornography.\nIn Commonwealth v. Simone, 63 Va. Cir. 216 (2003), a Virginia circuit court, citing Tucker, disagreed with Simone\u2019s argument that he could not be convicted of possessing child pornography because the images were only found on Simone\u2019s \u201ccomputer cache.\u201d The court stated:\n\u201cIn the present case the defendant did not testify, and no direct evidence was presented, as to whether he realized images he viewed were being saved to his cache file.\nIn deciding whether the defendant knowingly possessed the cached images in this case, the Court finds it helpful to analogize possession via the computer to other methods of possession. However, the starting point for such an examination must be the language of the statute. The Virginia statute does not prohibit viewing, it prohibits possession. The Virginia Supreme Court has recognized that the word \u2018possession\u2019 has \u2018many various meanings.\u2019 (Citation omitted).\u201d Simone, 63 Va. Cir. at_.\nThe court synthesized several definitions of \u201cpossession\u201d in the computer context and found that the ultimate question is whether the defendant reached out for and controlled the images at issue. Simone, 63 Va. Cir. at_. The court further stated:\n\u201cBy analogy, one might consider the following hypothetical. If a person walks down the street and notices an item (such as child pornography or an illegal narcotic) whose possession is prohibited, has that person committed a criminal offense if they look at the item for a sufficient amount of time to know what it is and then walks away? The obvious answer seems to be \u2018no.\u2019 However, if the person looks at the item long enough to know what it is, then reaches out and picks it up, holding and viewing it, and taking it with them to their home, that person has moved from merely viewing the item to knowingly possessing the item by reaching out for it and controlling it. In the same way, the defendant in this case reached out for prohibited items and, in essence, took them home.\u201d Simone, 63 Va. Cir. at_.\nThe Simone court went on to find that there were several other pieces of evidence in the case that provided convincing indicia of knowing possession. The court found that the Internet searches performed by the defendant showed that he was reaching out for images involving child pornography, such as \u201cLolitas,\u201d which is a common term in the search for child pornography according to the testimony presented at trial. Simone, 63 Va. Cir. 216. Ultimately, the court found that all the evidence combined showed beyond a reasonable doubt that defendant reached out for these images with the intent to control and have dominion over them. Simone, Va. Cir. 216.\nIn the case at bar, defendant admitted to subscribing to certain Web sites that depicted child pornography, such as Virgin X Boys, Sunrise Boys, Boys-Are-Us, and Charming Boys. We find this evidence to be further convincing indicia of knowing possession in that defendant reached out and exercised control over the images within such Web sites. See also State v. Mobley, 129 Wash. App. 378, 385, 118 P3d 413, 416 (2005) (the issue of possession in the context of computer images concerns whether the defendant \u201creached out for and exercised dominion and control\u201d over the images); Romm, 455 F.3d at 998 (defendant exercised dominion and control over images in his cache by enlarging them on his screen and saving them there for five minutes before deleting them. While the images were displayed on defendant\u2019s screen and simultaneously stored in his laptop\u2019s hard drive, he had the ability to copy, print, or e-mail the images to others. Thus, evidence of control was sufficient to find that defendant possessed and received the images in his cache).\nFinally, in United States v. Bass, 411 F.3d 1198 (10th Cir. 2005), a divided panel of the Tenth Circuit upheld a conviction for possessing child pornography in the Internet cache where the defendant claimed ignorance of the browser\u2019s caching function. Unlike in Tucker, where the defendant conceded his knowledge of the caching function, the defendant in Bass claimed that a computer virus caused his browser to save child pornography without his knowledge. Bass, 411 F.3d at 1200. The court ultimately found, however, that the jury could have inferred that the defendant knew child pornography was automatically saved to his computer based on evidence that defendant attempted to remove the images. Bass, 411 F.3d at 1202. Namely, there was ample evidence that the defendant used two software programs, \u201cHistory Kill\u201d and \u201cWindow Washer,\u201d in an attempt to delete child pornography. The court concluded that because both programs were installed on his computer when it was searched, there was sufficient evidence that defendant knew the images were being automatically saved. Bass, 411 F.3d at 1202.\nIllinois\u2019s child-pornography statute does not define \u201cpossess.\u201d However, as both parties note in their briefs, where a term is not defined by the legislature, the \u201cundefined terms in a statute shall be given their ordinary and popularly understood meanings.\u201d People v. Ward, 215 Ill. 2d 317, 325 (2005). \u201cPossession\u201d has been defined in Illinois as \u201c[t]he fact of having or holding property in one\u2019s power; the exercise of dominion [or control] over property.\u201d Black\u2019s Law Dictionary 1201 (8th ed. 2004); see also Romm, 455 F.3d at 999. See also People v. Huth, 45 Ill. App. 3d 910, 915 (1977) (to prove possession in a drug context, the State must \u201cestablish beyond a reasonable doubt not only that the accused had knowledge of the presence of contraband, but also that the contraband was in the accused\u2019s possession and control\u201d). Accordingly, after considering Illinois\u2019s definition of possession in relation to computer images, we believe that the question becomes: Did defendant specifically seek out the prohibited images and did he have the ability to exercise dominion and control over these images?\nHere the record shows that the child pornography was saved as temporary files on defendant\u2019s home computer. Defendant \u201creached out\u201d for images by subscribing to Web sites that contained images of child pornography. Defendant admitted to forwarding images to others and receiving images of fully naked boys. Even if there had been no indication in the record that defendant had copied, printed, e-mailed, or sent images to others, defendant had the ability to do so when he was viewing the downloaded Web pages. See Ward v. State, 994 So. 2d 293, 301 (Ala. Grim. App. 2006). Furthermore, law enforcement officers found the program \u201cEvidence Eliminator\u201d installed on defendant\u2019s computer, which indicates that defendant knew the images were being automatically saved on his computer. See Bass, 411 F.3d at 1202. When viewing this evidence in the light most favorable to the prosecution, we find that the State proved that defendant had dominion and control over the images found in his cache and, therefore, that he \u201cpossessed\u201d child pornography within the meaning of the statute.\nIII. CONCLUSION\nFor the foregoing reasons, we affirm the judgment of the circuit court of Cook County.\nJudgment affirmed.\nO\u2019MARA FROSSARD and TOOMIN, JJ., concur.\nA cache is a storage mechanism designed to speed up the loading of Internet displays. When a user views a Web page, the Web browser stores a copy of the page on the computer\u2019s hard drive in a folder or directory. The folder is known as the \u201ccache,\u201d and the individual files in the cache are known as \u201ctemporary Internet files.\u201d See T. Howard, Don\u2019t Cache Out Your Case: Prosecuting Child Pornography Possession Laws Based on Images Located in Temporary Internet Files, 19 Berkeley Tech. L.J, 1227, 1229-30 (2004).", "type": "majority", "author": "PRESIDING JUSTICE FITZGERALD SMITH" } ], "attorneys": [ "Michael J. Pelletier and Marion Buckley, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "Richard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald and Mary L. Bolan, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD SCOLARO, Defendant-Appellant.\nFirst District (5th Division)\nNo. 1\u201406\u20143144\nOpinion filed May 29, 2009.\nMichael J. Pelletier and Marion Buckley, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nRichard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald and Mary L. Bolan, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0671-01", "first_page_order": 685, "last_page_order": 694 }