So called "serial-stowaway" Marilyn Hartman continued her serial journey through the Cook County court system Wednesday, as prosecutors sought permission to use evidence of her many brushes with the law at her upcoming trial.
Officially, Hartman is charged in her current case only with her most recent attempt to get past security at a Chicago airport, a July 4 incident at O'Hare. But prior to that, starting last April, Hartman had five other encounters with airport security, four at O'Hare and one at Midway. In two of those she received warnings and was escorted off airport property. The other three resulted in arrests.
Traditionally, the introduction of so-called "prior acts" is frowned upon in criminal cases as highly prejudicial. But the state argued that in Hartman's case, her rap sheet was relevant, because it showed that she was on notice that she should stay out of trouble at Chicago's airports or she would be taken into custody.
"They prove the defendant's intent and knowledge," assistant state's attorney Catherine Lach told judge William Raines during a morning hearing. "The defendant was told not to return without a proper airline ticket, or she would be arrested."
As a somewhat frail-appearing Hartman, clad in a blue County Jail smock looked on, Public Defender Eric Shah fired back that the evidence was unnecessary and needlessly prejudicial.
"The state is attempting to introduce these prior bad acts to show character," he said. "The state is attempting to paint Marilyn as the 'serial stowaway.' I think it would improperly color the jury's mind!"
In the end, Raines agreed. While he conceded that all of the information about Hartman's prior "bad acts" was certainly relevant, he said it could prove prejudicial, and unfair to her at trial.
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The state will have the opportunity to put officers on the stand to say that Hartman had been previously warned. A hearing was set for September 23, at which time her lawyers will inform the judge whether she wants a jury trial, or a trial only before the judge.
