We are preparing a special "2nd Anniversary" page summarizing events of the two-year old allegations made against Richard Wanke, and the on-going prosecution of Diane Chavez, by the Winnebago County State's Attorney's Office in regard to their alleged connection to the February 2008 murder of attorney Greg Clark. The page will appear later this week, coincidental to the filing of Richard's Appellate Brief in his appeal of his 2006 burglary conviction and sentence.
Incidentally, the State's evidence comprising it's case against Richard and Diane (consisting of over 700 pages containing over 200 individual Rockford police reports and evidence summations) has been reviewed by an authoritative source who found nothing contained in that information which links either Richard or Diane to any involvement in Clark's murder other than the original claimed "witness reports" in February 2008. No DNA, no fingerprints, no weapon, no gunpowder residue, no questionable contacts, phone records, or transactions: nothing, zilch....
On February 6, 2008, our friends, Richard Wanke and Diane Chavez, were arrested in alleged connection to the murder of a well-respected, local attorney, Gregory Clark. The vague scenario the Rockford police have submitted is problematic and nearly two years later; the Rockford police still haven't been able to build enough of a case to charge Richard or Diane (or anyone else) with anything connected to the murder. We know Richard and Diane as gentle people; local community activists, who routinely participate in volunteer projects in the community. We hope, for the sake of our friends, and the family and friends of attorney Gregory Clark, that the Rockford police will rethink their current course and renew effort toward finding the real truth in this case.
The scenario on Wednesday, February 8, 2008, about 1:50 pm in the afternoon:
The snow fall in Rockford, Illinois began the evening before and continued throughout the day. The snow accumulation was the heaviest experienced by the city in 10 years. The snowfall was so heavy that most businesses and all offices closed early or never opened, and for the first time in memory mail delivery did not even occur. At 1:50 pm, snow on the streets reached above car bumper level and visibility was poor.
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What happened: News media report that at 1:50 pm, attorney Greg Clark was home at his house in a quiet neighborhood on the east side of Rockford. According to the RRSTAR's latest summation of events from 2008: "A gunman springs from a van and opens fire, killing Gregory Clark, a Rockford attorney, who is clearing snow from his sidewalk." Clark was brutally shot in the back three times by an unknown shooter. He was pronounced dead at the hospital a short time later.
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News accounts and subsequent police action show that more than one perpetrator actively participated at Clark's shooting. Media reports show the police immediately focused upon Richard Wanke because of what they thought of him and not because of any of the evidence found at the murder site.
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The news reporter was told the next day that the police did not believe he shot Clark, but just that he was somehow involved. Subsequent questioning of Richard's acquaintances showed the police asking questions indicating they sought information about at least one other person other than Richard.
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The police had all the information related to Richard's whereabouts on the northwest side of Rockford at the time of the murder by Feb 7, 2008. The distance between Richard's media account of his whereabouts and the difficulty of travel on Feb 6, 2008, and the shortness of time intervals should have caused police to question their assumptions placing him near or at the murder scene. A privately obtained (which police must also have) land phone record lends credence to Richard's account and not to that of the police.
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The accuracy of any "witness" sightings placing Richard in a vehicle near or at the murder scene is questionable given the weather conditions and the visual distances at the murder scene. This appears to perhaps be the only so-called claimed "fact" basis so far for the police insistence that Richard Wanke must have shot Greg Clark.
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This initial assumption that Richard Wanke is the culprit remains the biggest obstruction to the police's investigation into Greg Clark's murder.
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This bias has caused the police from the first to fail to solicit the assistance of the public (through use of "CrimeStoppers") in solving Greg Clark's murder. Much helpful information could have been gleaned while the murder was still fresh.
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This bias and resulting over-confidence caused the police to fail to properly question, Diane Chavez, while in custody regarding her whereabouts on the day and at the time she was allegedly seen in a vehicle at or near to Greg Clark's house. Had this question been asked, the police could easily have determined that her alleged sighting was wrong since they would have found her recorded on their own police video on the other side of town at that exact time and day and driving her sedan at the time; not a van! Given that Diane Chavez's presence at work on the other side of town, the whole day of the murder was easily verified, the police would have had no so-called "fact" basis to assert that she had any connection to the murder. This would have screwed up their "probable cause" argument.
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Acting impartially, the police could have known this by midnight on Feb 6, 2008. It could have caused them to then reexamine the accuracy of Richard's alleged "sighting" as reported by the media and perhaps follow-up other leads. Instead, the police and media action whipped up public sentiment against two individuals with drastic effect.
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Richard Wanke was seized and held with "questionable" legality on the sole basis of being " a person of interest" for over 6 months in the county jail merely on the suspicion of some involvement in the murder. However, he and his attorneys were never permitted to examine or dispute any of the claimed connections used to justify holding him when he should otherwise have been free on bond pending a sentencing hearing. Lots of legal confusion ensued and after a rushed sentencing hearing where Richard's defense was inadequately prepared for and presented, Richard was then served with the maximum term of imprisonment for 14 years for a relatively light infraction (which he disputed involvement in from the first).
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You can view Richard Wanke's criminal record at the state of Illinois Department of Corrections inmate website information, by inputting his inmate number, K77902, into their inmate record search function at: http://www.idoc.state.il.us/subsections/search/default.asp
Compare his record and 14 year sentence to the records of most offenders and remember that this 14 year sentence is for the non-violent, alleged theft of a $5,000 laptop.
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Richard's personal legal papers were seized and have not been acknowledged or returned to him by police nearly two years later despite his need of them to file a timely appeal of his case. What legal authority does the state have to deprive any inmate or individual of access to their personal legal correspondence and documents needed to consult in forming appeal briefs?
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IDOC has correctly recognized that Richard Wanke does not require placement in a maximum security facility housing murderers and criminals with violent backgrounds who have committed far more serious and frequent crimes than Richard. IDOC has transferred Richard from the high-security Western Correctional to the minimum security facility at Vandalia Correctional because he has no violent background.
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Meanwhile, Diane Chavez, has been deprived of all reputation, property, and financial well-being. Per media reports, the police know that she was Richard Wanke's landlord, and that any romantic connection between them occurred in the past (as prior court records show). They also know it was superseded years ago by her attachment to another individual. Police actions indicate that charging her was a ploy to put pressure on Richard Wanke. But, the ploy only works if either of them knows anything regarding Greg Clark's murder.
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Diane Chavez has clearly maintained from the start that she knows nothing concerning Greg Clark's murder (Nor does she know what happened to Jimmy Hoffa). Any examination of her past history as a hard-working environmental and community activist who has worked closely with many attorneys and who has always approached resolution of issues by working through the accepted legal channels and not through civil disobedience would bear this out. If the Rockford Register-Star took the time to examine their own archives; they could easily have come up with a more accurate portrayal of her community activities. She has no criminal or violent past. At age 50, she remains single and self-supporting, and was a state government social worker. Who knows if the police would have even thought to charge her on Feb 6, 2008, if when they knocked on her door, they had found her in the more acceptable social role as a married wife, with or without children?
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Whatever the outcome, it will be years (if ever) before Diane Chavez is able to regain the financial stability (and credit rating) she had before this debacle. To this day, she wonders why she paid her taxes....
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The authorities continue to use questionable means in their prosecutory actions. The state is required to disclose all exculpatory (information they have uncovered which supports your assertion that you did not commit a crime) evidence to the defense. Media reports show that all lab tests are complete. It is apparent that no weapons or gunpowder residue were found in testing any evidence or persons, (or the state would have been crowing about these findings) yet after close to two years, the state has yet to provide or release these results to the defense or any other exculpatory evidence they have uncovered (such as grand jury testimony).
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The police have yet to formally charge anyone with the murder of Greg Clark, yet close to two years after the fact, they continue to prosecute Diane Chavez for "obstruction of justice" when it is apparent that any original claim for the basis of that charge (whether she and Richard lived together) has little if anything to do the murder).
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The police are spinning their wheels and we all are getting nowhere. Greg Clark's murder was a brutal murder; one obviously perpetrated by someone with violence in their past who was assisted by at least one other similarly-minded person. After an exhaustive search of someone (Richard Wanke) who lacked financial means and whose movements had already been pretty closely followed by police for the past 17 years; the police have been unable to find any link to the violent individual (s) required to fit this profile. That's why they are so focused on trying to dig up jailhouse "snitches". That will be tough, since Richard did not associate with criminals.
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It is easy to label a person a "Ted Bundy" wannabee; but in the end Ted Bundy was a serial murderer and actual bodies turned up left and right over the course of years because in the end, violence precedes premeditated violence. The police also probably found some interesting reading materials Bundy stocked for research or enjoyment. Richard Wanke has no such background; being just your garden variety offender. That is perhaps why all his previous attorneys, who antagonized him more than Clark ever did, are still walking around in good health.
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We invite you to read this blog and read further about the fallacies of "eyewitness testimony", and the causes of wrongful convictions. Perhaps it will cause you to question, as we do, the state's "rush to judgment" regarding Richard Wanke.
hazel church said
Well that didn’t last long. Do they think maybe they made a mistake? How much of my tax dollars goes to stopping and starting and changing and recovering from policies that haven’t been thought through. Let’s move forward Illinois!
Debra Boyer said
I heard there was going to be a 3 month add on to the 6 month good conduct time for inmates, where may I go to read about the good time the imates recieve? Thank you
Arlene Cochran said
I think this is a excellent ideal there are inmates that are trying to do something productive with their lives. They are not able to do so inside. Sure there were some inmates that got out early and resorted back to crime but others should’nt have to be punished for their crimes. Inmates need the good time back this is a good tool for them. So PLEASE reinstate the good time!!!!!!!!!!!!!
christy said
does anyone know whats going on????????? our attorney promised good time thats the only reason my fiance pleaded guilty now we are stuck in hell!
Amber Whitby said
I need to know information on mertorious good time… im pregnant and need him out…i can’t afford to take care of myself and my unborn baby….let him out already…just give the first offenders good time!!!! please
christy said
i am in the exact same situation as you! he was supposed to be out in june our son is due in july… now becuase of this stupid governer we are looking at december its his first time there. i dont know what to do.
kenyatta stamps said
im wondering who is the new chief public safety officer thats going to be ahead of the IDOC. also i want to know how long will it take for the good time to kick back in please? i have a boyfriend thats in pinckneyville correctional center i need him home sir/madam. he’s in there for a crazy case so please help me out.
stefany84 said
I understand the need for this law,but what is getting me is the fact that non violent offenders are suffering for this. My fiance is currently in East Moline Correctional Facility for a minor offense and is held from his son and I with no further notice when he will be realeased. I’m sick of the universal rule one ruins for all. They need to implement a better system and those that are not violent need to come home. Not to mention the serious over crowding this is causing in these facilities which will only lead to more violence inside. But i guess if you are a convict safety no longer matters to them who protects there safety. Please end this foolish law and let’s move forward. Keep the harden criminals let the petty ones go.
big mike said
well at least ill still get my six months.
big mike said
wait after further investigations they r taking away the six months. they r passin bill hb5019. which is going to take away all good time. gonna have to rethink my plea.
jaymie shanks said
i also believe that the1st offenders should recive their good time!! i mean come on4as long as i can remember they have gotten it so y now change it?? my husband is a1st offender and i honstly believe this is the 1and only time he will b n prison so y not give the1st offenders their goodtime??? give them a chance like all the other peolpe please!!!!
MRS.KATRICE said
I THINK ALL THE INMATE SHOULD GET THIER GOOD TIME IF THEY DIDNT COMMIT A SERIOUS CRIME. DUE TO THE FACT SO INMATE PLEAD GUILTY JUST BECAUSE THEY WERE TOLD THEY WAS GOING TO GET GOOD-TIME. SOME OF THEM PLEAD GUILTY NOT BECAUSE THEY WERE GUILTY BECAUSE THEY WANTED TO GET IT OUT THE WAY AND GET BACK HOME TO THE FAMILIES.AND JUST TO MOVE ON WITH THIER LIVES. BUT NOW THEY ARE IN PRISON AND DID THEY 61 DAYS AND QUALIFY FOR GOOD-TIME FOR THEY BEHAVIOR NOW THEY DONT WANT TO GIVE THEM THEY GOOD-TIME AND THAT JUST NOT RIGHT SO PLEASE GIVE THEM THEY GOOD-TIME.WE NEED OUR LOVES ONES HOMES PLEASE AND THANKS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Melissa said
My husband is in stateville for a DUI. He is 27 and has tried to get his lisence since he was 27 and they wont give him one. No one was hurt and he is the bread winner for our family I am stuggleing without him. Seriously what am I suppose to do without his 724 a week! He took a plea and the States Attorney looked at me and said he will be home in 61 days. I dont understand any of this to begin with and now all these changes are being made to complicate what I already do not get. I need answers who can I contact. Please do not say Stateville I have 3 times and got three answers. I need someone who knows whats going on! Swigerts08@hotmail.com
Misty said
Melissa, the same thing happend to me and i dont know what to do the same as you my man was the money maker making around 300 a day we have 5 kids and now im struggling to get by till he comes home when ever that is if you find something out i would love to hear it i am calling everyone i can think of and getting nowhere. im not stoping till he comes home i know how you feel please keep me informed.
THERESA said
MY HUSBAND IS AT EAST MOLINE AND IS DUE TO BE RELEASE AS OF THIS FRIDAY!! OF COURSE HE IS NOT COMING HOME WHICH HAS HIS FAMILY REALLY UPSET!! EVERY DAY IS GOING TO BE A WAITING GAME WHAT ARE WE SUPPOSE TO DO TO GET US THROUGH DAY TO DAY TILL WE GET THE PHONE CALL???
I WOULD LIKE TO KNOW EXACTLY WHEN HE IS DUE TO COME HOME!!
christy said
my fiance is in the same place!!! but not getting his good time either.. our attorney Promised it!! now we are not getting it
EarlsWifey1 said
I TRULY UNDERSTAND WHERE YOU ARE COMING FROM MY CHILDS FATHER IS IN EAST MOLINE HE ACCEPTED A PLEA UNDER THE NOTION THAT HE WOULD BE HOME IN NOVEMBER NOW WITH THE GOOD TIME TAKEN I WONT BE SEEING HIM TO MAY OF NEXT YEAR! WHEN HE LEFT HE WAS THE MAIN BREAD WINNER AND MY DAUGHTER WAS 2 MONTHS OLD NOW HE PROBABLY WONT BE HOME UNTIL SHE ALMOST 2 YEARS OLD! IF THEY MAKE ANY CHANGES PLEASE POST THEM ASAP!!!!!!
Noni54 said
My son is in vienna i would like to know if good time is coming back please let me know of any changes. I will be waiting or hearin from someone soon.
Jane Simpson said
Same as many others on here. My son was promised his 6 mos. good time by the prosecutor and his attorney last fall(2009) when he went in. That was in part why he accepted the plea. Now it has been taken away. He’s @ Mt. Sterling. When will this good time be reinstated? At this time, we are not able to get any straight answers. Inmates and their families deserve to know.
christy said
everybody sign the petition to reinstate good time! its on illinoisprisontalk.com !!!!!!!!!!!!!!!!!
Linda said
I do not understand why everyone has to be punished because others made a foolish mistake. My friend was given his first 90 before January 14 which was the cut off of the good time as I was told by Mr. Helmes of the John Howard Association. Now he is told that he will be home on November 3, 2010 possibly or he may come home on November 3, 2011 if they decide to make everyone do their full sentence. I do not feel that it is fair to the families, everyone did not commit a bad crime, perhaps they broke the law but people do that everyday and they are still on the streets.
samantha said
For first defenders do they get three months good time?
Linda said
I just talked to the Records Office at Dixon Correctional Center. I was advised that my friend was sentenced under a Statute that said that he had to serve 180 days, he has served his 180 days, and was told by his Counselor (“whom I was told made a mistake”) that his first 90 had been granted but the 2nd one was denied. I was told today by the records office that he would be eligible for immediate release as soon as they reinstate the good time, but that is indefinite. Don’t they realize that they could cut their budget by Thousands of dollars if they paroled the people that are eligible right now? The families of these prisoners are the ones that are suffering because their children need them home and also they need the support that they give.
angie said
so when are we looking to have the good time back and is it going to be the 9 months nor not? i am a single mom of four children sick with chrones disease and myhussband has missed his only sons first everything, i need him home does anyone know when they are going to bring it back and how much are they going to get?
Karianne said
This is so confusing! Is there a date they will decide whats gonna happen? I, as many others want them to come out at the time they were supposed to.
lisa said
i heard good time will be issued back out in july! i also heard that it could be in november around election time!
lisa said
i have my fiancee who is suppose to be out july 2nd! when he took his plea he was told he would be out in 6 months !now he wont be! the prison system has been a revolving door for some for a long time ! They should not take it out on the first time offenders! even non violent offenders! keep the murderers and rapist and drug dealers! Let the others get their owed good time!Everyone deserves a second chance!This is bullshit! good time has been around way before quinn started his early release program!Who is he to take away somthing he never started!!!!!!
Melanie said
Okay wait a minute… since when is drug dealing a violet crime? I agree with you except on that aspect. The system labels people as felons for life so they can’t get a job EVER and expect them to not make money somehow to support their families somehow? Come on now, you gotta see that too.
missy pinto said
This is my son first time in prison it a shame first time offenders can’t get the good time.Repeat offenders i can see.
monique said
well to put everyone minds at ease they will be bring the good time back this november 2010 that will make us and our loveones happy