Showing posts with label Cook County Criminal Court. Show all posts
Showing posts with label Cook County Criminal Court. Show all posts

Wednesday, March 27, 2019

Who’s the liar now?!?

I haven’t bothered to write a word until now about the saga of Jussie Smollet, largely because I must confess to not having a clue as to who he is.
"Empire" gains unwanted notoriety
I know he’s an actor in the television program “Empire,” but that’s theoretical. I’ve never watched the show, and haven’t felt compelled to check it out in recent weeks on account of the stink over Smollet.

A STINK THAT gained touches of lasting stench on Tuesday when a Cook County judge went along with prosecutorial recommendations that the criminal charges against Smollet be dismissed.

Of course, Cook County will keep the $10,000 cash he had to post as bond in order to avoid being locked up in the Cook County Jail. But Smollet was able to walk out of the Criminal Courts building with claims of innocence and the ability to go about making grandiose statements to the effect HE was the crime victim.

It’s a wonder he didn’t accuse police of improper activity against him. Then again, maybe that statement will be forthcoming.

Smollet was the guy who claimed that back in January, he was walking along the streets of Chicago when two men grabbed him, threw a noose around his neck, and began shouting racial and homophobic slurs at him.

SUPPOSEDLY, ONE OF the men also shouted that “this is MAGA country,” implying that this was motivated by people who firmly believe in the Age of Trump and all the nonsense that President Donald spews on a regular basis.

A Trump-motivated hate crime.

Except that Chicago police fairly quickly found flaws in the account, and the two men then told police that Smollet paid them a few thousand dollars to stage the attack against him.
WATKINS: Dismissed the case

Which led to criminal charges being filed against Smollet, and all the ideologue nitwits of the world being eager to claim this was just another case of fraud. Smollet, who is both black and gay, is just a liar who shouldn’t be trusted, like everybody else who happens to not be white and Protestant.

A REAL AMERICAN, as these people would prefer to define it.

That version of the story, however, fell apart on Tuesday, when Judge Steven Watkins used what was expected to be a routine status hearing to dismiss the case – at the request of prosecutors.

Smollet’s attorneys say there was no advance warning or deal. It’s not anything resembling a plea agreement. The case was thrown out of court. Not that we’ll ever know details, for the judge also issued an order keeping the court file of the case under permanent seal.

With prosecutors saying in court that this agreement is, “a just disposition and appropriate resolution to this case,” it makes me suspect there was some sort of error in the handling of this case by the police during the investigation – something that would have ruined any chance of getting a criminal conviction that would have held up under appeal.

NOT THAT I know that for sure. This case is now under seal, which means we’re never going to be informed as to why prosecutors were willing to write off the case against Smollet, who many were more than willing to demonize as a liar who was worthy of whatever criminal punishment the courts felt like dishing out.
JOHNSON: He's furious

So are we supposed to go back to the account where Smollet was the victim of racially-motivated thugs? Smollet himself insisted Tuesday that he has been, “truthful and consistent from Day One” in talking about the incident.

For what it’s worth, police Superintendent Eddie Johnson was said to be “furious” that prosecutors would dismiss the investigation his officers put together. Of course, Johnson was the guy who went around saying Smollet was particularly contemptible for being a black man who’d stage a racially-motivated attack against himself.

Which means it’s likely that Johnson will be the one who winds up taking the fall for this incident. Even though I’m sure there’s enough “blame” to be passed around. Johnson said early on that this case “pissed everybody off,” and now that list of irritated individuals includes the ideologues who were taking joy from Smollet’s arrest.

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Saturday, October 6, 2018

We’re getting a double-blow over just how split our society has become

Guilty, to the second degree
Perhaps it was all-too-appropriate that Friday in Chicago was a cloudy overcast day with a chill in the air and soggy sopping wet. In short, a miserable day that perfectly reflected the miserable events that reflect the social split that our society faces these days.

Friday was the day that a jury in Cook County came back with a guilty (of sorts) verdict against Jason Van Dyke – the Chicago police officer who faced criminal charges related to the shooting death four years ago of a teenager.

Will Kavanaugh receive the ultimate prize?
ALTHOUGH THERE ARE those who want to see the case of nothing more than a white man with legal authority using it to kill a young black man.

That is a case where the legal outcome is going to manage to offend just about everybody – and not just those people who live in Chicago. Some of us were all too eager to see a cop go down to defeat, while others will see anything that doesn’t coddle a cop as evidence of our society gone awry.

As if this isn’t enough to leave people p-o’ed, we’re going to get a similar response either Saturday or Sunday from Capitol Hill in Washington. At about the same time that a Cook County jury neared completion of its two days of deliberations Friday, the U.S. Senate took a procedural vote that narrowly (51 to 49) voted to advance the process for filling a vacancy on the Supreme Court of the United States.

The scene is now set for a final vote possibly Saturday (although I’ve heard reports of at least one senator being unable to attend that day because his daughter is scheduled to get married – and he’s not about to miss that big event!).

WHICH MEANS THE split at the federal level between people who think Brett Kavanaugh is unfit to serve on the nation’s high court and those who want to think he’s being attacked by (as they insist on viewing it) hysterical broads making stories up is going to get those same people all riled up.
Police conduct itself on trial in some minds

Things are looking more and more like the Senate WILL go ahead and confirm President Donald Trump’s appointment of Brett Kavanaugh to serve on the Supreme Court (which is a life-time political appointment).

There will be people who will feel that the legitimate concerns of women are being ignored because Republican officials are eager for a politically-partisan victory. Some of them may well be the same people who think there had to be a “guilty” verdict against Jason Van Dyke, or else a miscarriage of justice will have occurred.

PERSONALLY, I BRACED myself mentally some time ago for the concept that Van Dyke would NOT get whacked with “GUILTY!!!!” on every single criminal charge – which is an outcome some people think is the only appropriate one. Although the ruling of guilty of second-degree murder, combined with all those convictions of aggravated battery, could be seen as a way of appeasing all while satisfying none.

So while I know Van Dyke’s family has said they wouldn't be surprised if he’s found guilty of something because they feel like political people want that outcome to appease the public, I seriously expect people are going to be upset for a long, long time regardless of what happened Friday.

It may well be a double-whammy for some if the U.S. Senate gives Kavanaugh their support.

While I’m also sure there is a segment of society that will be totally pleased with such outcomes. We are, after all, living in the Age of Trump – in which a right-wing element wants to think they’re taking over again and erasing all the deluded, liberal attitudes they want to believe have corrupted us.

OF COURSE, WE could get the societal split, so to speak.
Does it all come down to Donald Trump?

What with Kavanaugh getting confirmation of his appointment, but Van Dyke getting some sort of verdict that turns him from a law enforcement officer to a convict, of sorts.

I’m sure the right-wing ideologues will have fantasies of their own, in which a right-leaning Supreme Court ultimately has an opportunity to rule on an appeal filed on Van Dyke’s behalf. Would an “Age of Trump” court be sympathetic?

And are the news happenings of this weekend leading into the Columbus Day holiday  (a holiday whose very existence offends some people) going to be the cause of countless protests – which were already up-and-running Friday even before a verdict was announced – that will take place for many years to come?

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Friday, October 5, 2018

EXTRA: Guilty, to the second degree!

A Cook County criminal court jury went with a "guilty" verdict Friday on a charge of murder to the second degree against Chicago police officer Jason Van Dyke, which is an offense that theoretically could result in a probation sentence.
Van Dyke at the 'moment' of truth, as viewed on CLTV. Photo by Gregory Tejeda
Yet they also returned "guilty" verdicts on all the counts (16) of aggravated battery for each gunshot fired by Van Dyke against teenager Laquan McDonald. Those are charges that include mandatory prison time for each shot fired that could pile up into a significant sentence (hundreds of years) in a state correctional institution.

SO WHAT SHOULD we think? Personally, I'm confused. Did the jury think they were giving him a break; while wielding a wrathful hammer instead? Some are already expressing disgust at what they think was an attempt to issue a compromise verdict, rather than a truthful one.

I'm sure people will continue to quibble over this outcome for years to come. After all, it was so significant that the live TV reporting on the verdict caused the game show "Jeopardy" to be pre-empted, amongst others. A fact that I'm sure peeved certain people even more than the verdict itself.

We'll hear again from the court on Oct. 31. Will it be "Trick or Treat" for Van Dyke? Let the protests begin!

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Tuesday, September 18, 2018

Do we really give police officers this much authority to use physical force?

Perhaps it is only appropriate that on the first day of activity in the criminal trial of police officer Jason Van Dyke, attention was brought to the concept that the alleged criminal activity was captured on video.
Serving and protecting us? Or harassment?

Let’s be honest – if that video from a police officer’s own camera didn’t exist, it’s very likely that there would be no trial and Van Dyke would have spent the past four years continuing to work his beat and be one of the officers allegedly enforcing the laws for the people of Chicago.

WHEN OPENING STATEMENTS were made Monday at the Criminal Courts building (Judge Vincent Gaughan ultimately rejected all notions of moving the trial outside of Chicago), special prosecutor Joseph McMahon emphasized the video and the number of shots (16) from his pistol that Van Dyke fired into the body of Laquan McDonald.

In a touch of hamming things up a bit, McMahon literally pounded his fist on a lectern to do a count-down of each shot, and even emphasized the point when the eighth shot was fired – so as to imply that Van Dyke wasn’t even close to finishing his gunfire at that point.

Almost as though he thinks (and wants the jury to believe) that everything else is irrelevant, and we all ought to just issue the “guilty” verdict right now – saving us all time and hassle by carting Van Dyke off to prison right now.

But the legal process instead will be spending the next few weeks trying to establish whether there was any justification for the police officer’s actions.

WHICH ACTUALLY MADE another remark McMahon made all the more interesting.

He tried to summarize the incident of Oct. 20, 2014 (the night McDonald died) as one where Van Dyke saw, “a black boy (McDonald was 17) walking down a street with a chain-link fence with the audacity to ignore the police.”

But the reality is that we do give police significant authority to stop people. While they’re supposed to have “probable cause” to justify their actions, the reality is that it really doesn’t take much to give a cop the ability to question someone they find suspicious.

Trying to walk away from the police can be construed as resisting arrest. And if McDonald really was carrying a knife (as has been reported), that may well make this an “open-and-shut” case of a police officer being justified in using force – which would make the case one of justifiable homicide.

NOT THE “MURDER” that many have spent the past few years decrying the death of McDonald as being.

Now I’m not in the courtroom to see any of this. I don’t doubt that the jury is going to manage to offend some people – no matter how they choose to interpret any of this. I don’t expect anyone will be satisfied by the ultimate outcome of this trial.

I suspect the eventual verdict will offend the beliefs of everybody who wants to think this is a clear-cut case.

In reality, there is only one definitive “fact,” Jason Van Dyke did fire 16 shots from his weapon that killed Laquan McDonald.

THE REST OF the story? We’re going to get an up-close lesson as to just how much force police are allowed to use in the act of doing their jobs; which amount to that old cliché about “serving and protecting” the public.

On the one hand, we wouldn’t be issuing police officers those pistols and other countless weapons if we didn’t expect there would be circumstances upon which they would have to use them.

Then again, we do need to have some sense of restraint – otherwise our “protectors” would be nothing more than the official city-sponsored goon squad. Certainly not something anybody with sense would want to see.

Where is the “line” between force and abuse? That question really is the key to comprehending everything that we’ll see and hear during the trial’s coming weeks.

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Monday, August 13, 2018

Is this the calm before the storm?

VAN DYKE: Protector of the public?
The idea of August as being the summer doldrums gets reinforced all the more this year – what with the trial of the Chicago cop who faces criminal charges for the shooting death of a teenager back in 2014 finally scheduled to take place.

Come Sept. 5, the Cook County courts will finally get around to holding the trial that will decide the fate of officer Jason Van Dyke – the man who got captured on crude video firing 16 shots into the body of a 17-year-old who may, or may not, have been acting irrationally.
McDONALD: Could he have been a scholar?

THERE’S NO DOUBT that Van Dyke fired the shots that killed Laquan McDonald. The issue in this trial is going to be whether his actions were justified as part of his duties “to serve and protect” the people of Chicago.

Which is going to be a judgment call. It’s clear that no matter what, the public perspective will be such that Chicago will be seriously split. This verdict is going to leave the populace of Chicago seriously p-o’ed.

For every single person determined to believe this is an instance of a police officer committing cold-blooded murder, there’s going to be another individual wanting to believe that McDonald got what he deserved – and that perhaps we ought to be thinking of giving him a medal.

A concept that will seriously offend those who have been outspoken in their rhetoric that Van Dyke belongs in prison. They probably won’t be happy until they hear word that “inmate” Van Dyke was assaulted by fellow inmates while in prison.

THESE FACTIONS OF people are going to be going at each other once the trial gets underway. Which means we ought to regard the next few weeks of August as being the calm before the storm.
How will their reputation be altered?

Before the sides start going at each other with full force. Before the rhetoric gets ultra-ugly, and before things get said and done that manage to bring embarrassment to the public perception of Chicago.

I say full force because we got a little taste of what will be forthcoming this very weekend.

It was the Bud Billiken Parade, and the parade’s co-grand marshal, rap singer Vic Mensa, managed to ruffle the sensibilities of police. Mensa on Saturday carried a “Convict Jason Van Dyke” banner. Police officers on duty to maintain order during the parade gathered around him.

WORDS WERE SPOKEN between the two sides, and Mensa at one point taunted the police to arrest him. Daring them to make a national story out of the event by taking him into custody!

Police maintained enough professional restraint to avoid escalating the incident. But it is likely once the trial gets underway and we begin getting the daily dribble of testimony, we’re likely to learn something that offends the public sensibility to the point the outbursts will get out of control.

I’m not making a judgment, as the outburst could easily come from either side of those in our society who are going to take offense.

It could easily come from those people who are offended by the testimony that will be presented in the form of animation.

FOR IT SEEMS that the Van Dyke legal defense team wants to give us a very technical version of what happened – depicting some 5 of the 16 shots, according to the Chicago Sun-Times.
Even if relocated, Cook will get tainted by trial

Perhaps they think that an overly technical visual version of what happened will somehow make the incident seem less offensive and brutal.

Which is a concept that will offend those inclined to believe the worst about police and their brutality towards the people, particularly the segment that could never be described as Anglo in complexion.

I don’t know if it will become (I hope it doesn’t turn out to be) a race riot. But I suspect the next few months will provide anecdotes that will embarrass our city’s public perception – and we’ll all be very grateful come the arrival of 2019.

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Friday, February 10, 2017

EXTRA: ‘Not Guilty?’ It’s just a plea

I can already hear the rants and rages coming from people in response to the fact that four young people facing criminal charges for the beating of a teenager with mental disabilities entered pleas of “not guilty” on Friday.
 
HOOKS: Here comes da judge!

“How dare those f---ers (or whatever racial slur they prefer to use) plead NOT guilty” to the crime that we all got to see committed because someone pulled out their phone, video-recorded the beating, then put it on Facebook for the world to see.

YET BEFORE WE get worked up about Tesfaye Cooper and Jordan Hill, both 18, and sisters Tanisha and Brittany Covington (24 and 19, respectively), keep in mind that the purpose of the hearing Friday in Cook County Criminal Court was for their criminal case to be assigned to the judge who eventually will oversee their trial – or take their “guilty” plea if they choose to make one.
Cooper

All of them have been held without bond at the Cook County Jail since their arrest last month. They’re not going anywhere. This was just the start of the process that can easily take a couple of years before the criminal case is resolved.

For those people who want to think criminals should just plead their guilt and take whatever punishment is handed down to them, it doesn’t work that way.
Covington, T.

In fact, the four people facing assorted criminal charges, including aggravated kidnapping and hate crimes, could not have entered a “guilty” plea on Friday even if they wanted to. They plead “not guilty,” get assigned to a trial judge, then at some future date attorneys for the prosecution and defense negotiate the actual outcome.
Covington, B.

THE NEWS FROM the courthouse on Friday was that it will be Judge William H. Hooks who will preside over the trial of the four. He’ll be the one who winds up getting his moment of international glory, because the Facebook aspect of this case ensures the “world will be watching” to see what becomes of the young people who allegedly beat up a white boy as a way of venting their anger at the election of Donald Trump.
Hill

Although personally, I think it’s possible to make too much of that angle. It really doesn’t matter what convoluted reasoning they had for the attack – it was the suffering that the 18-year-old victim who is diagnosed with schizophrenia and attention deficit hyperactivity disorder endured during the beating.

There is no real reason anyone should ever have to go through such an ordeal.

And I’m sure by the time this case is resolved (it often takes two years or so to get through a criminal case in Cook County), Judge Hooks will feel similarly spent.

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