court with instructions to conduct an inquiry into defendant’s pro se post trial claim of
ineffective assistance of counsel pursuant to People v. Moore, 207 Ill. 2d 68 (2003).
Following remand, on November 22, 2005, the trial court appointed the public defender’s
office to represent defendant. On February 6, 2006, defendant retained private counsel, Charles
Bretz (Bretz), who requested transcripts from the trial and filed an “Amended Post Trial Motion”
on July 18, 2006. The motion challenged the trial court’s decisions denying defendant’s
multiple requests to remove the appointed public defender both before and after the jury trial.
Additionally, the post trial motion prepared by defendant’s private counsel requested a
new trial based on allegations that the public defender was ineffective for failing to: (1) object
to the use of the stun belt, (2) interview and call necessary witnesses, (3) introduce evidence
corroborating defendant’s alibi that he could not have been present at the scene of the crime due
to the timing of a deposit he made at a Chicago financial institution the same day, (4) subpoena
medical records and offer testimony to contradict the State’s witnesses, and (5) file a motion to
dismiss based on a speedy trial grounds. Private counsel also filed a brief in support of
defendant’s amended post trial motion and attached copies of transcripts from various
proceedings for the trial judge’s consideration. The court conducted the hearing on the amended
post trial motion on May 17, 2007.
Assistant public defender, Timothy McGrath, testified during the hearing on the amended
post trial motion. McGrath stated that he did not see the stun belt. Further, counsel testified that
he did not know defendant was wearing the belt during the trial. He also denied any prior
knowledge of the Will County sheriff department’s blanket policy that all felony defendants had
to wear these devices during jury trials. According to McGrath, defendant did not tell him that
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