Chicago is a city that has seen years of corruption, political and otherwise. It is a city that seems constantly displeased with its elected officials, as they cannot seem to stay within the boundaries of the law. One of the best examples of this is former Illinois Governor Rod Blagojevich, who was sentenced to fourteen years in prison for putting a price on an open Senate seat. Just last month, the Supreme Court denied his appeal.
The Story Blagojevich’s troubles began in 2008, when Barack Obama became the president elect and left behind an open Senate seat. The governor was accused of corruption, of seeking money and favors in exchange for the seat, and he was arrested on these charges. In the beginning, he denied the charges, but then wiretaps disclosed multiple conversations in which he discussed his illegal activities. For example, one recording heard him state that he was not involved in any illegal activity, to which someone responded “unless prospectively somebody gets you on a wire.” This clearly infers that Blagojevich could be found guilty of illegal acts if anyone were to hear him talk. After his arrest, residents and politicians alike called for his resignation or removal from his position. As the governor, he remained in position to not only continue his duties, but also kept the authority to determine who would fill the Senate seat at issue. Ultimately, the governor received eighteen corruption convictions and was sentenced to fourteen years in prison. The Appeal This is not the first time that Illinois has seen a corrupt politician, but the citizens of the state are hoping it may be the last. Blagoevich’s sentence of fourteen years may very well be a deterrent to politicians who are considering acting in ways that could get them into trouble. Additionally, it seems as though Blagojevich himself recognizes that what he did was wrong; he apologized publicly to the court, his family, and the residents of Illinois. Despite his apology, the former governor appealed his convictions. The appeals court denied the appeal, stating that he crossed a line when he actively sought some form of compensation in exchange for the open Senate seat. After that, Blagojevich appealed to the Supreme Court, who turned it down on March 28, 2016. The reason for this appeal was new; Blagojevich claims that, because the federal appeals court threw five of the counts out, prosecutors would not be retrying him on them. As such, his chances for a retrial were taken away. He claimed that these facts made his case a “better candidate” for the Supreme Court, who ultimately did not agree. His appeal was denied without comment this week. Contact a Chicago Criminal Appeals Lawyer While this appeal was denied, every case is different. If you or someone you know is considering appealing a verdict, talking to a lawyer is an important step. There are many factors to think about, and an attorney can help you decide the best way to approach this. Contact Barney & Hourihane today to discuss your case with a dedicated Chicago attorney. It’s no secret that the city of Chicago has been having a difficult time trusting the Chicago PD. There has been a rise in police violence and more and more officers have been accused of misconduct. There are currently over one hundred misconduct cases being investigated by the Independent Police Review Authority (IPRA), and the citizens of the city are not happy. Last week, however, the IPRA did something unprecedented; they released the files of these misconduct cases online for the public to view.
The Release Police misconduct cases have been in the headlines more often than not lately, and this release comes as one of the first positive pieces of news. The country has been on high alert for reports of police brutality, and the citizens of Chicago especially so after the delayed release of the video that shows Laquan McDonald being shot. The release includes records from as far back as five years ago, and the public can now access videos, audio recordings, and early reports from all of these cases. The common theme seems to be the firing of a gun; if a firearm went off in the presence of a police officer, the record is now likely available. The videos include some graphic incidents. One shows a man who assaulted a bus driver being shocked with a Taser and shot by the police, and another shows a van coming onto the sidewalk at a group of officers who then fired at the vehicle, killing one of the passengers. Others show very little action, and include footage of officers waiting around or an empty parking lot. What This Means This release comes at a good time for Chicago. The increased level of transparency will help to improve the relationship between the PD and those who live in the city, which will in turn help improve morale as a whole. While most are praising this decision, some have found aspects that they find more harmful than helpful. For example, identities of witnesses could be made public if they are recognized either in the videos or audio clips, and due process could become an issue as these are still pending cases. Others think that the release was a good idea but have found issues with the details. The timing of the videos’ release is one concern, as some believe that the 60 day allowance for posting is too long. This release did not happen voluntarily on the part of the IPRA, however. The Police Accountability Task Force, a group hand picked by Mayor Rahm Emanuel, issued a mandate calling for the release. The interesting part comes next; not only did the Task Force issue the mandate, but they have recommended dissolving the IPRA as a whole. This is mainly due to the lack of confidence the public has in the group, as they do not have a good history of conducting their investigations. In fact, there is talk of the next group being comprised of independent civilians, which will hopefully increase the trust between the group and the public and overall bolster the PD’s reputation. Contact a Chicago Police Misconduct Attorney This new level of transparency will hopefully help to improve the city’s relationship with its police department. However, if you or someone you know has questions or concerns related to this, contact us. Our attorneys can help you better understand these changes and discuss your cases. The statute of limitations is a key factor in any court case; it can truly make or break the case as a whole. In the case of Park Ridge Police Commander Jason Leavitt, for example, a Cook County judge ruled that the statute of limitations had run. However, this May, a panel of judges on the First District Appellate Court overruled that judge, and Leavitt is once again facing criminal charges for the alleged beating of two teenagers in 2006.
The Story Today, stories of police misconduct are all over the news, but it is rare to see something that happened ten years ago. One night in October, 2006, Leavitt was driving home from work in his civilian clothes when something shattered his back window. Two teenagers, whose names have not been disclosed due to their juvenile status at the time, had been shooting rocks at passing cars using their slingshots. According to the teens, Leavitt chased them as they ran, catching one and knocking him down. Leavitt then hit one boy in the head, knocking him down, then straddled him and continued to punch him. Another officer removed Leavitt, who then attacked the other teen as he was brought to the police car by more officers. Both of the teens filed federal suits in 2007, which were settled. Then, in 2009, prosecutors looked more closely at the case, fearing a police cover-up. Later in 2009, two days before the statute of limitations was to expire, Leavitt was indicted by a grand jury in Cook County, and the indictment was sealed. This is where it gets tricky; after this happened, prosecutors investigated the department for 13 months to see if other officers played a part in the alleged beating or in covering for Leavitt. In 2012, the Cook County judge found that the statute had run during that time period, and as such dismissed the charges. The appellate court, however, found that the investigation was a justified delay, that Leavitt’s ability to put on his case was not harmed, and therefore that the statute had not run and the case could continue. What This Means for Leavitt That brings us to today. The details of the incident have remained the same over the past ten years, and the teen who was knocked to the ground testified at the trial this May. While his story remains the same, he has admitted that he can not identify the person who assaulted him. He was the only witness to take the stand, though the officer who pulled Leavitt off the teen was petitioned to testify, and so the case is waiting for that to continue, most likely on June 15, 2016. Contact a Chicago Police Misconduct Attorney The relationship between police officers and community members is a delicate one. It is built on trust and protection, and when a police officer violates that trust, a community can be thrown off kilter. In this situation, it is important for the officer to be charged and punished accordingly for his behavior. If you experienced any altercation or witnessed police misconduct, contact Barney & Hourihane today to discuss your case with a dedicated Chicago civil rights attorney. A major topic in the city of Chicago recently has been the Chicago PD. More specifically, the corruption, brutality, and racist tendencies frequently exhibited by its police officers. The conversations came to a head this past year when Mayor Rahm Emanuel hid the video footage of the death of Laquan McDonald, and then kept the cop who shot him on the payroll for the following year. Even without Emanuel’s misstep, however, the police department has been facing scrutiny for their overall policies, practices, and mistakes. The community has lost its faith in the Chicago PD, and it is clear that changes need to be made.
Police Shootings The reputation of the police department has been called into question consistently over the past few years, as Chicago has seen a rise in crime and, in response, gotten more media attention. The death of McDonald on October 20, 2014 brought these issues to light again, as the officer charged with first-degree murder denied what had happened. Additionally, the other officers on the scene were accused of lying about the incident, and Mayor Emanuel hid the video for over a year. These facts did not surprise many Chicagoans, as such behavior has occurred in the past. This particular shooting death comes on the heels of many other police shootings across the country, and perhaps this is why the PD has come under such intense scrutiny. The country is on alert for corrupt cops who are trigger-happy and don’t face consequences for their actions. There is now a call for police departments to be reorganized in a way that will help the officers better protect us while following the law. For example, some believe the officers should be retrained in all areas, such as search and seizure, how to properly frisk, and the use of force and what is considered excessive. This would be a good place to start to build the PD’s reputation back up; at the very least, it would help for Chicagoans to see its officers trying a new tactic and attempting to make amends. Is Race An Issue? While the police department itself is quick to deny that race is a factor in the performance of their jobs, the numbers say otherwise. Black citizens in Chicago make up 72 percent of the street stops, and 74 percent of those shot over the past 7 years were black. Even Mayor Emanuel admitted to this fact after McDonald’s death, but quickly turned the focus on what they were going to do about it. Some suggestions included adding a Deputy Chief of Diversity to the department, releasing videos of incidents with 60 days, and generally being more transparent. The inclusion of these could help bolster their reputation, as citizens will be better able to understand what goes on and trust that the officers are doing their best. Need Legal Help? Cases involving police brutality or misconduct are becoming all too common. Each case is different, though, and often the facts can get confusing or overwhelming. Contact Barney & Hourihane today to discuss your case with a dedicated Chicago civil rights attorney. For more information, see related blogs posts. It is common knowledge that if you go to trial and lose, chances are you can appeal the ruling. People on death row appeal as many times as they are able, hoping to reverse the decision that may lead to their death. Parents can appeal when they lose custody of their children. And most recently, Chicago State University appealed a ruling that James Crowley, their former attorney, was unfairly fired. What a lot of people don’t realize, however, is just how costly and time-consuming appeals can be.
Crowley v. Watson First, some background. In 2014, Chicago State University fired James Crowley after he refused to withhold documents and acted as a whistleblower. Crowley sued under the state ethics act, an act that protects employees such as Crowley who disclose employer activities that they believe might be illegal. The University claimed that instead Crowley was fired for misusing university resources. A Cook County jury found that Crowley was in fact unfairly fired, and awarded him two million dollars in punitive damages and back pay in the amount of $480,000. Needless to say, the University appealed, primarily citing the large punitive damages award. But here we see how appeals can do more harm than good. In March, the appellate court in Cook County not only upheld the jury’s award, but the judge ordered attorneys’ fees to be paid to Crowley in the amount of $300,000 and doubled the amount of back pay he would receive. Additionally, the university was ordered to pay Crowley his salary until all appeals were completed, in the amount of $120,000 a year. After this appeal, the total cost to the University went from about 2.5 million to 5 million, plus some if the appeals continue for multiple years. State Supreme Court On May 25, 2016 the Illinois Supreme Court denied the University’s appeal, making both appeals unsuccessful. Now, the case will go back to the trial judge for the final determination of how much money Crowley will receive. This decision has effects that go beyond just Chicago State University. Of course, the decision of the Supreme Court reinforces the fact that the University was in the wrong; this is the third time that Crowley was found to have been unfairly fired. This is hurtful to both the University’s pocket and their reputation. But the positive there is that all employers will take note; they will be held accountable under the ethics act that Crowley used. Unfortunately for them, this positive came only at the expense of the University. This case is not unusual; while appeals that are successful frequently make the news, a good many are not successful. In that case, the appeal takes time and money, and sometimes the ruling may ultimately cost you more money. In order to decide whether an appeal makes sense, it is important to keep these facts in mind. Contact a Chicago Appeals Attorney Appeals are a very complex, costly, and time-consuming process. If you received a verdict that you wish to appeal, consulting an attorney can only help. There are many factors to consider when deciding whether to appeal and the attorneys in the Chicago offices of Barney & Hourihane are here to help you. Contact us today for a consultation. It’s almost impossible to go literally one week without reading another story in the Chicago media about the city paying out another huge settlement in a police misconduct case. The latest settlement to get attention in Chicago newspapers and TV is for $3.2 million, but this is literally a drop in the bucket to what the city has paid out in recent year. Since 2004, the city of Chicago has paid out more than $500 million to settle complaints of police misconduct. And each of these latest claims alone has settled for more than $1 million.
So what police misconduct resulted in these latest settlements? Read on to find out. Chicago Police Shootings Continue to be a Problem Earlier this month, the City Council Finance Committee approved two misconduct settlements. The first is for $2.2 million, while the second is for $1 million. In the first incident, a 23-year-old man reportedly hit another vehicle and drove off while on his way to his overnight job at a sausage factory. Police claimed that after this initial hit-and-run the man forced a police cruiser off the roadway slammed into the back of another vehicle. Police then claimed that they blocked the man’s vehicle into an alley, and the man pinned one off-duty officer to the front of his car. Chicago police officers then fired 42 shots at the man, striking him 16 times. However, forensic evidence has raised serious questions about the account given by police officers. If indeed an officer was stuck by the man’s vehicle, he could not have fired his gun at him as he claims. In addition, tire tracks at the scene, purportedly from the suspect’s vehicle, appear to have to have been faked. Evidence later uncovered in the course of the lawsuit also showed that the off-duty police officer had been drinking before the incident, and Chicago police did not thoroughly investigate the circumstances surrounding the suspect’s death. For example, rather than interview witnesses, one police officer submitted a report simply made up of a typed narrative from another officer. The second settlement, for $1 million, also included allegations of the police fabricating that evidence. In that case, a 27-year-old man under investigation for alleged involvement a cell phone theft ring, was shot by police after allegedly pinning a police officer between two vehicles. However, just as in the other case, forensic evidence called that official story into question. It actually appears as if the man may have been shot while fleeing the scene rather than harming a police officer. Contact a Chicago Police Misconduct Lawyer There is perhaps no greater breach of trust than when police officers ignore the law to injure or kill innocent people without provocation. But as these latest settlements illustrate, such activity is all too common in the city of Chicago. If your civil rights have been violated by police officers, you too may be entitled to compensation from the city. Contact Barney & Hourihane today to discuss your case with a dedicated Chicago civil rights attorney. In the city of Chicago, allegations of police misconduct made by citizens are supposed to be investigated by the Independent Police Review Authority (IPRA). This board is tasked with determining whether police officers are acting in accordance with the law, and it’s supposed to hold them accountable if they act out of bounds. Yet one recent study by the city found that the IPRA is chronically understaffed and underfunded. The IPRA can’t even fully investigate 40 percent of the complaints that come before it.
That has long led to many Chicago leaders calling for the IPRA to be disbanded and replaced with a civilian organization. Those calls have long been ignored, but in the wake of constant reporting on Chicago’s police misconduct epidemic, it looks like the city is now finally going to do something about the IPRA’s ineffectiveness. Emanuel Calls for Independent Board to Replace IPRA In a Chicago Sun-Times editorial published earlier this month, Chicago Mayor Rahm Emanuel wrote that it is time to replace the IPRA with a civilian board that will increase accountability and oversight of police officers in the city. Emanuel’s comments come in the wake of the release of a report from the Task Force on Police Accountability that he created. After a four a month report, the task force issued a report last month that also called for the current IPRA to be abolished. The report claimed that Chicago police have little regard for the rights of minority suspects. Emanuel did not previously introduce plans to replace the IPRA and claimed it was not part of his agenda prior to reviewing the task force’s report. The mayor was complimentary to toward the current leadership of the IPRA, but said that replacing it with an independent civilian board is necessary to rebuild trust between Chicago police and residents. He has also pledged to increase funding and resources for the board that replace the IPRA. Many of those critical have been supportive of the mayor’s plan. Still, it’s important to note that there are many unknowns about Emanuel’s plan. The mayor has not disclosed exactly what this new board will look like, who will be eligible to sit on it, or how it will be able to better investigate complaints of police misconduct. These details should be brought before the city council at an upcoming meeting, and while the initial proposal has found support, it still remains to be seen whether the council will embrace the details of the proposal. Chicago Police Misconduct Lawyer If the city of Chicago wants to rein in police misconduct, replacing the ineffective IPRA with a civilian board is a good step. However, it still doesn’t end the rampant police misconduct that many Chicago residents live in fear of, or compensate past victims for their injuries. If you believe Chicago police officers have violated your civil rights, an attorney may be able to make you whole ago. Contact Barney & Hourihane online or on the phone to discuss your case today. A recent decision from the Illinois Court of Appeals has strengthened protections for when police officers may enter a home without a warrant. As most Americans know, the Fourth Amendment requires that police officers get a warrant to enter someone’s home without permission, or at least have a very good reason to avoid this rule, such as a reasonable suspicion that someone’s life is in danger if they don’t enter.
Of course, whether the police are right to enter a residence without a warrant is rarely a clear cut issue. Sometimes police believe they have every right to enter a home without getting a warrant first, and if that action results in an arrest, the suspect may need to go to court to have any evidence police find suppressed, and making sure that decision is upheld can even require going before the appellate court. People v. Swanson In People v. Swanson, decided earlier this month, the defendant was coming home from a bar when he lost control of his vehicle on an icy road and crashed into a ditch approximately two miles from his home in Hinckley, Illinois. The airbags deployed and the man only cut his finger, but the vehicle would not start, so he locked his car and went to a nearby home for assistance. At the first home, the residents would not let the man home and even pulled a gun on him. No one was home at the second residence, so he decided to return to his own home. In the meantime, police officers found the abandoned vehicle and contacted the defendant’s wife to tell him that her husband and been involved in a car accident and could not be located. The man soon returned home, however, and his wife contacted dispatchers to let them know that he was safe. This was not enough for police officers though, who insisted on coming to the home to see for themselves. Stories conflict about what happened next, though it did result in the man being arrested and charged with driving under the influence, leaving the scene of an accident, and several other misdemeanors. The woman repeatedly insisted before the trial court that she did not give the police consent to enter her home, though police claim she did. The trial court sided with the woman, and granted the man’s motions to suppress evidence and rescind a statutory summary suspension of his license. The state appealed this ruling, but finding the woman to be credible and no applicable exception that would have allowed the police to enter without a warrant, the appellate court upheld the ruling of the trial court. Contact a Chicago Defense Appeals Lawyer Sometimes the ruling of a trial court is not enough to clear your name, and you must file an appeal to have evidence suppressed or get a conviction vacated. Criminal appeals are complex matters best handled by experienced Illinois appellate attorneys. If you’re considering an appeal in a criminal case, contact Barney & Hourihane today for a consultation about your case. Last week, we told you about the problem of “testilying” in Cook County. This is an all-too common practice in Cook County in which police officers take the stand at a criminal case and give knowingly false testimony. And sadly, judges and prosecutors rarely call police out on their lies, even if they’re glaringly obvious. However, the recent attention given to this issue has finally motivated the Cook County State’s Attorney’s Office to Act, and defense attorneys in some cases are now receiving disclosure notices letting them know that a police officer may have given false testimony in a case they handled.
Six Chicago Police Officers Under Investigation for False Testimony A follow-up article by the Chicago Tribune reported that the Chicago Police Department has begun an investigation into whether as many as six police officers lied on the stand in the course of criminal proceedings. The department has already removed one officer from patrols because of his suspected false testimony. In the case of that officer, the Cook County State’s Attorney’s Office has filed a disclosure notice to defense counsel in a case reported on in the Tribune’s previous article. In that case, the officer was suspected of lying about how whether he had reasonable suspicion to initiate a traffic stop that resulted in a $50,000 drug bust. The state’s attorney’s office may issue disclosure notices in other cases involving this officer, as well as additional officers who may have lied on the stand. The disclosure notices do not automatically vacate a conviction, but they let a defense attorney know that a witness may have provided false testimony, or at the very least that new evidence has rendered that testimony highly questionable. The disclosure notice can be the basis for appealing a conviction, and some attorneys are already using this information as grounds to testimony the credibility of this officer in other cases. In addition, prosecutors are reviewing the transcripts of prior cases involving these officers to determine whether perjury charges may be appropriate. Perjury is a criminal action that can carry substantial prison time in the event of a conviction. And if prosecutors do decide to pursue criminal charges against these officers, those prosecutions could reveal evidence that could also make it easier for the wrongfully convicted to pursue appeals or even civil rights lawsuits against the Chicago Police Department. This could also motivate the department to pursue stronger internal discipline actions against officers who lie in court. Chicago Criminal Defense Law A fair jury trial is the cornerstone of the American criminal justice system. Defendants have a right to not have their conduct called into question by untruthful testimony, but sadly recent stories in Chicago media show that hasn’t always been the case in Cook County. If you believe a police officer falsely testified against you and it resulted in a wrongful conviction, you may be able to get your conviction vacated on appeal. For more information, contact Barney & Hourihane today for a consultation. It’s been hard to miss the news the past few months about the criminal prosecution of former U.S. Speaker of the House Dennis Hastert.
Hastert has been accused of sexually abusing teenage boys while a teacher and wrestling coach decades ago in Yorkville, Illinois. But with the statute of limitations long past on those alleged crimes and little evidence remaining, federal prosecutors instead chose last year to indict Hastert on charges that he violated federal banking laws and made false statements to the FBI when he wired money to keep an alleged victim, now an adult, quiet about the misconduct. Hastert reportedly agreed to pay the victim $3.5 million, and had already sent him $1.7 million at the time that the FBI began investigating him. A Longer Than Expected Sentence But No Appeal Hastert pleaded guilty last year before a federal judge in Chicago to the charges of structuring financial transactions to conceal payments and making false statements. As part of the plea agreement, prosecutors recommended that Hastert serve a sentence of between zero and six months in prison. However, the judge, imposed a sentence of 15 months in prison based on the numerous allegations of sexual abuse against Hastert. Hastert could have appealed the sentence because it went beyond federal guidelines, but chose not to as the deadline for the appeal passed last week. He now must report to prison. While Hastert would have been perfectly within his rights to file an appeal, his case illustrates several reasons why sometimes it’s best to avoid an appeal. Of course, the sexual abuse allegations against Hastert are appalling. Even though he cannot be convicted of any crime based on those allegations at this point, the conduct that led to his violations of federal banking law will not win him much favor with an appellate court. And federal prosecutors only promised to recommend a lighter sentence for Hastert. When entering a plea agreement with prosecutors, there is never any guarantee that a judge will follow the agreement, and this alone is not enough to win a lighter sentence on appeal. There is also the possibility that if Hastert had appealed his sentence and dragged out the process for another year or two, prosecutors might have discovered more evidence of wrongdoing. If such evidence were discovered while the case was pending on appeal, it could have actually resulted in Hastert receiving a longer sentence than what was initially imposed by the court. Contact a Chicago Criminal Appeals Lawyer Appeals are a complicated area of the law. There are many more procedural requirements for pursuing a criminal appeal in either state or federal court, and there are also strategic concerns. It might be better to appeal on some issues rather than others, and as this unique case illustrates, in some cases it might be better to not file an appeal at all. To learn about appeals, contact Barney & Hourihane today to talk an attorney about your situation. |
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