People Ex Rel. Birkett v. Bakalis

Marilyn Lemak is awaiting trial in the circuit court of Du Page County for the murder of her three children. The State has given notice that it will seek the death penalty. Lemak has given notice that she will assert an insanity defense.

In preparing their client’s defense, Lemak’s attorneys have sought leave to take the depositions of certain witnesses, including Lemak’s husband, David. Following a hearing, the circuit court granted the motion as to David. The State’s Attorney of Du Page County then petitioned this court for a writ of mandamus or, alternatively, for a supervisory order (155…