IN THE CIRCUIT COURT OF COOK COUNTY, CRIMINAL DIVISION, COOK COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, ) Plaintiff, } vs. : No, 15 MC1 128262 MUBASHRA UDDIN, } Defendant. } MOTION TO SET BAIL Now Comes Defendant MUBASHRA UDDIN, by and through her attorney, Sheppard Law Firm, P.C., and pursuant to 725 ILCS 5/110-6, 725 ILCS 5/110-4, and 725 ILeS 5/110-5, moves this Court set bail in this cause. In support thereof, Ms. Uddin states as follows: FACTUAL AND PROCEDURAL BACKGROUND Ms. Uddin is 19 years old. She has no criminal history. She is an accomplished student at DeVry University. She received academic scholarships for college. She has lived in the same residence, with her parents, her entire life. She resides at 850 W. Eastwood Avenue, Chicago. She has three sisters. Ms. Uddin is a United States citizen; she was born in the United States.! Her parents are United States citizens. "Ms, Uddin has U.S. passport which, on information and belief, is expired. She is prepared to surrender it to the Court as a condition of bond.Ms. Uddin has been cooperative with authorities since the inception of this case. There is no allegation that she attempted to flee or otherwise obstruct this investigation. Ms. Uddin has been in custody since November 12. Her initial bond hearing was set for November 14; however, she was not present. She was hospitalized in a jail hospital due to a surgical procedure. On information and belief, the judge who presided over the initial bond hearing court date (November 14) indicated that the defendant's family circumstances would be considered at the bond hearing when the defendant was present. Since Ms. Uddin's arrest, her neighbors, classmates, teachers, a preacher, and other professionals in the community have expressed an outpour of support on her behalf. Attached hereto as Exhibit A, are some of the letters from her contemporaries describing Ms. Uddin’s character. As of the date of this bond hearing, an indictment has not been returned. The charge comes before the Court pursuant to a complaint. ANALYSIS. The Illinois Constitution creates “creates a rebuttable presumption that the accused is eligible for bail.” People v. Purcell, 201 Il. 2d 542, 549-50 (2002). Article I, section 9, of the Illinois Constitution provides: All persons shall be bailable by sufficient sureties, except for the following offenses where the proof is evident or the presumption great: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, whencapital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, when the court, after a hearing, determines that release of the offender would pose a real and present threat to the physical safety of any person. *** IL, Const. Art. 1, §9 ‘The Illinois Code of Criminal Procedure codifies the above provision in section 5/110-4(a). See 725 ILCS 5/110-4(a). The Illinois Supreme Court has held that the State bears the burden of rebutting the constitutional presumption in favor of bail. Purcell, 201 Ill. 2d at 550 (2002). Accordingly the State bears the burden of proving that the “proof is evident or the presumption great that the defendant is guilty” of one of the enumerated offenses in section 110-4(a). Purcell, 201 Ill.2d at 560 (2002). There is no burden on the defendant to disprove any proffered evidence. See id (holding section 110-4(b) unconstitutional because it placed a burden on the defendant). The Illinois Code of Criminal Procedure does not define the term, “proof is evident or the presumption great;” however, several out of state courts have interpreted identical language. A Florida court of appeals held the State must establish that the “proof is evident or presumption great” to the point of being “‘{mJanifest, plain, clear, obvious, conclusive[ ... beyond question of doubt’ ” Kirkland v. Fortune, 661 So. 2d 395, 398 (Fla. Dist. Ct. App. 1995)(the State failed to meet its burden of proof based on the presentation of three unsworn witness statements at a bond hearing). A‘Texas appeals court likewise held that the term means “evidence clear and strong, leading a well guarded judgment to the conclusion that an offense was committed, that the accused is the guilty agent . . . .” See Beck v. State, 648 §.W.2d 7, 9 (Tex. Crim. App. 1983). In this case, on information and belief, no eyewitnesses observed the conduct alleged in the complaint. Nor is there sufficient evidence which proves the defendant's mental state at the time of the alleged offense. Additionally, on information and belief, no witnesses have provided statements while under oath in this matter. Courts in this courthouse have set bail in cases involving similar charges: * People of the State of Illinois v. Jose Garcia, 2014(bail to stand for defendant charged with shaking baby to death).? + People of the State of Illinois v. Donnell Coakley (bail for a defendant charged with murder of 3-year old). ‘The statutory factors in section 110-5 also favor Ms. Uddin's release on. bail: + Verification as to prior residence and the length of residence in the community + Educational background + Family ties in the local jurisdiction * See http://www. chicagotribune,com/news/local/breaking/chi-authorities-father-charged-with-murder- shook-infant-about-100-times-20140313-story.html (last visited November 18, 2015) > See hitp:/ichicago.cbslocal.conv2014/11/13/parents-cousin-charged-with-klling-3-year-ol (last visited November 18, 2015).* The defendant's limited financial resources ‘The history and character of the defendant, including her past conduct * Defendant’s lack of a prior use of alias names or dates of birth See 725 ILCS 5/110-4, With respect to the amount of bail, the bail amount shall be: (J) Sufficient to assure compliance with the conditions set forth in the bail bond* * * (2) Not oppressive (3) Considerate of the financial ability of the accused ‘See 725 ILCS 5/110-5(b)(1-3). WHEREFORE, Ms. Uddin moves this Court to set bail in an amount that is sufficient, but not greater than necessary, to accomplish the purposes of bail. Respectfully submitted: Baliy Skfppard Attorney for Defendant ‘Adam afees Attorney for Defendant BARRY SHEPPARD / ADAM SHEPPARD SHEPPARD LAW FIRM, P.C. 180 N. LaSalle Street, Suite 2510 Chicago, TL 60601 (B12) 443-1233 LD. no. 22443 / ILD. no. 42387- My name is Nina; Ihave been friends with Mubashra since we were little gils. We played together, laughed together, cried together, learned together, grew together, we are basicaly like sisters. Mubashra was always so kind, and humble, she always respected everyone around her. She isthe type of person that could brighten your day with just her smile alone. If anyone got to realy know her, they would know that she had a bubbly personality and a great sense of humor; she was usually the one that brought dead conversations back to life, Mubashra, was always a family oriented girl, she was very obedient, never talked back, and always made sure that she made her parents happy. Most times, you could see that she did everything with her sisters. They were basically inseparable. She loved her younger sister the most, she always made sure that younger one did her best in school, and that she was always involved. You would see her spending {ime helping her sister with homework, or taking her to the library to get books, she was always there for her. When her older sister gave birth to her niece, Mubashra was the happiest person on Earth, she loved that baby, and often times even took care of the baby lke it was her own. People even sometimes mistook the baby as her own, Mubashra and | have been friends for a long time, lam African and Christian, and there has never been 3 day where she has ever looked down upon me or commented about my skin or beliefs, she respected me a5 person, she loved me and befriended me for who | was, and nothing less. | understood her struggles, and understood how she felt at times. Ata very young age she had a lot of things to live up to specially, being born to a Muslim immigrant family. Sometimes she felt under pressure to be this Perfect daughter that could get good grades, go to college, and raise her family up. Even pressure to be this perfect Muslim woman that prayed, fasted, was humble, and also didn't make mistakes. But as we all know, we are human, we are nowhere near perfect, and we all make mistakes, really bad ones To whom this may concern, sometimes. ‘As humans sometimes fear and society pushes us far from our limit, past even a breaking point. When Mubashra accordingly to police reports, gave birth all alone... by herself, with blood everywhere, and a newly born baby that she thought would probably be condemned and maybe even worse... Mubashra was probably very scared out of her mind! She probably wasn't even in the right state of mind. Could You imagine being in that sort of situation? | don’t want to. Now some may say she had other options, she could've done so much more. | know this, but at that moment she probably was not thinking and she cracked, and felt she had no other option, because the Mubashra | know wouldn't do something like this if she was inthe right state of mind. So please, ask that whoever is reading this ori listening, that You'll find itn your hearts to have mercy on her and to consider her situation, I don't know what else to ay, but please know that this was a horrible mistake. Thank You, Nina 0. {f you have any questions feel free to call me at 773-865-7562 Nina 0. Signature|'ve Known Mubashra since Elementary School. She's Very Nice And A Great Person To Talk. She Always Gave Me Good Advice. She Was Cool With Everyone in Elementary School. I've Never Seen Her Get into any Trouble with Anyone. She's Very Kindhearted And Sweet. Best, Sahinab Saliu Sahinab Saliu Signature My Number Is 773-412-8714To whom it may concern, |'am writing this letter on behalf of Mubashra Uddin. | have known her for 5 years and this seems extremely out of character. Since the day I've met Mubashra, she has been So kind hearted and willing to help anyone in any way that she could. She's my best friend. We tell each other everything. We are inseparable. During our second year of high school, she was taken out to be home schooled but that didn't stop our friendship. We still talked everyday and we still found ways to see each other and do the things that we'd normally do with each other. She's been a positive, motivational person in my life. ‘She was there when | had no one else, and when | was ready to throw in the towel and give up on life, she stopped me from making a regretful decision. | am so thankful to have a wonderful best friend like Mubashra in my life. She's the sweetest person | know. Not only is she a good friend, she’s a great student as well. There's nothing but good things to be said about Mubashra, even from those who don't know her on a personal level like | do, Sincerely, Teshell Teshell Elverton Signature 773-469-2863am here to talk about Mubashra Uddin. There are many adjectives | can use to describe her. A ‘murderer is not one of them. | have known her since elementary school. | used to live a neighborhood away from her. We used to spend time together quite often, chatting away. From her outer appearance, she looks sweet and quiet, She was someone who came out of her shell as you got to spend more time with her. She was bright, cheerful, and intelligent. Essentially, my point is this: anyone who has known Mubashra for years will find the current news absolutely ridiculous. Logically, it does not add up nor makes sense. A young woman that throws her own baby out of the window, the woman who loves and treats every person in her life with kindness...t simply can't be the same woman. Now, of course, there will be many critics and equally many strangers who will be quick to judge. Several arguments can be made against her from the circumstantial evidence. "She panicked as she heard her mother coming so she tossed the baby out of the window." Once again, | will reiticize that Mubashra is a loving, caring, and intelligent young woman. Even in a state of Panic, she wouldn't have the audacity to commit such a crime. The baby was found to have multiple traumas, suggesting that prior abuse was inflicted upon her before the fall. Why would @ mother beat her own baby before the actual panicking took place? | am not here to point any fingers nor make suggestions. | am here to merely share my Perspective of Mubashra, who has been my friend for years now. While | may be biased, | know her true nature, which is far from violent. Rather than being quick to judge, a proper investigation must be conducted that will examine all sides of the story as well as any important evidence, or lack of, that is present. 'f any questions will arise, please feel free to contact me at 773-997-4047 Best, Vera Demchenko Vera Demchenko SignatureMy name is Aminat Saliu I am a student University at Illinois State University, I am writing this letter on Mubashra Uddin's behalf. 1 have known the Uddin family for about 15 years, and they are beautiful people, all of them. I have known Mubashra since she was alittle girl and since I have known her she has been an absolute gem, she is a very sincere and kind person, such a beautifull person to know. She has always been a goal oriented student and person in general, she isa very bright young lady I am certain her grades can attest to that. My siblings also have a pretty close relationship with the Uddin’s they are a loved bunch. | recall Mubashra when we were students at Walt Disney Magnet School, absolutely everyone loved her she was shy back them but her kindred spirit definitely shined through. Aminat Saliu Signature 7734128317Mubashra has always been more than a sister to me; she is one of the kindest and warm, hearted souls I have ever met, she is very shy in nature and sometime can't look in the person she is talking. I always use to say her to get more confidence in her life, but I guess her nature of shyness always avoided her to become bold one. She is very sweet girl please see her as a person she is. She always is there for her family and whenever someone needed a helping hand she was the first to offer. | cannot see in her in this state right now, she is a child with a bright future, please do not let this go to waste. I have always seen her taking care of her family. sisters and niece, She loves all her family members and has taken care of her siblings and niece as a mother. Tam not going to swallow what the media is feeding us and regurgitate into hate towards an innocent kind hearted soul. Please let this girl out and be united with her family, do not let the media and other things going on in the world affect this gitl's life, Sincerely the person who loves her more than a brother, Yasir Syed Electronic Signature (321)216-5402To whom it may concern, Mubashra Uddin was my friend since the first grade and we even shared the same last. name, Mubashra was the only person who taught me how to write my numbers from one to hhundred and she spent her whole time devoting it to me so I could properly write out my numbers. She was the girl who on every Pakistan Day Festival would always offer me food or ice cream. Mubashra is a very kind, caring, and loving girl who should not spend the rest of her life in jail. The rest of the world sees her as a monster calling her names and making fun of her. Mubashra is not a monster and think deep in your hearts and souls that if you put Mubashra in jail you will be taking not only the rest of her life, but the memories she shared with everyone. Mubashra is my friend and will always be and I miss her very dearly, Best, Sahdia Uddin 773-556-6620 Sahdia Uddin SignatureTo Whom It May Concern, met the Family Uddin through their daughter Sehar. We met through this program DeVry University was offering to Chicago public students during our junior year. We had the same classes, instantly we started talking my first impression of Sehar was that she was a sweet and very humble girl As the months went by we got to know each other a little bit more about our families our cultures. | got the chance to meet her Sister one day at school | got the same impression from them that they were sweet, humble, and very smart girls. One thing that | truly admire about Sehar was that she was on top of her studies from what I knew it was the same thing with her sisters. | would always see her parents at report card pick up and they made sure they establish a relationship with the teachers. The reason behind their daughter's success in school was because their parents were involve in every step of the way when it would come to their education, Family is another thing that is very important to them, They are a very Unite, kind, and loving family! | believe her parents have raised four wonderful women with all their love! | truly appreciate the friendship that | have with Sehar she is Just a wonderful and loving human being and that is thanks to her parents and sister's. If you have any question or concems you ean reach me at my cell phone number that is (773)263-3065 or E-mail address that is (lupe1morales@hotmail.com) Maria G Morales Signature‘har uddn November 19.2606 5.12 aia 7, Adam Sheppard ‘Sent rom my iPhone Begin forwarded message: From: Essie Kay Date: November 18, 2015 at 1123-18 PMEST To: saharuines nama com Tovar seers ad crane sheets prep kno Wout do hg oh so. She loved Ks nd was lays eapecth was aloo reat oho aa one 1 Sc beau soul owas averjone. fe known har nce Sonera scot snt soho how how aso ar sat each parson Someone who always looks out fr cers and cares about erarvane Sones rae ‘now how ss so kin and generous evarts others she reay amazes me Ses someone tna Front Esther Kala