Chicago Police Cleared Of Any Misconduct In Jovan Mosley Lawsuit
United States District Court Judge David H. Coar has granted the City of Chicago's motion for summary judgment in the almost 6 year extended detention Jovan Mosley case. Mr. Mosley was arrested and tried for the murder of Howard Thomas. The police investigation concluded that Thomas had been beaten to death by a group of three to five black men in their late teens to mid-20s. The investigation led to the arrest and prosecution of the following persons: Frad Muhammad a/k/a Big Muhammad; Lawrence Wideman a/k/a Red; Marvin Treadwell a/k/a Leno and Marlon; and Jovan Mosley a/k/a Jason, Jovizzle, “My Guy,” and “Frad’s friend." Mr. Mosley was acquitted by a jury in 2005.
In clearing the officers of any misconduct, Judge Coar's explained:
The results of the 7-month investigation into the Thomas murder yielded an “honest and sound suspicion” that Mosley was implicated in the crime. From the start of their investigation, the detectives knew that a group of three to five young black men were responsible for the attack, and they learned from Garth and Williams that Fetta, Marlin, and Frad Muhammad were among that group. It is undisputed that Mosley arrived at the scene with these individuals and left the scene with them immediately after the murder.
During the February 16, 2000 interview, Williams told the detectives that five men beat Thomas during the attack, and that Mosley was one of them. The detectives had no reason to believe that Williams was not a credible eyewitness, and an identification or a report from a single, credible victim or eyewitness can provide the basis for probable cause.
In September 2006, Jovan Mosley's case was featured in Chicago Magazine, criticizing the Cook County Justice system for allowing Mosely to sit in jail for almost 6 years awaiting trial. Laura Caldwell and Catherine O'Daniel worked on the case. However, it is now clear by the undisputed evidence presented in the federal case, Mosely agreed to all the continuances that allowed his criminal case to linger for so long. Had he demanded trial - a right provided to every criminal defendant - he would have gotten a trial or would have been let go.
In the end - here is just one more example of the police doing their jobs - good work!!!
Christopher Wallace, Patricia Kendall and Shneur Nathan of the Corporation Counsel's Office represented the defendant Chicago Police officers. Sean Mulroney represented the plaintiff, Jovan Mosley.
Thanks Christopher Wallace, Patricia Kendall and Shneur Nathan for your hard work on that case. You deserve more than a pat on the back.
Mr Kamionski,
thanks for this great information-
We all know there is 2 sides to every story, and keep up the good work.
All the best,
David Markowicz
I don't believe the police should have been cleared, Mr. Williams didn't say that Mr. Mosley did anything, he only said that he was there. Being there and participating are two completely different things. If the police had listened to Mr. Mosley when he told them many times that he didn't do anything, Mr. Mosley would not have spent so many years in jail. I can't believe that people could actually think the police did a good job, an innocent man spent six years of his life in jail. These are years that can't be returned. He should be compensated. I want to know who thinks they can be in jail for six years for a crime they did not commit and remain sane. Mr. Mosley is strong and something should be done on his behalf.
I don't blame the cops per se. I understand that they have an extremely difficult job and that most of the time they're dealing with liars who would say just about anything to get out of facing judgment (just watch any episode of "Cops"). I do have to wonder though - why was it that Jovan was not allowed to take a lie-detector test. It's my understanding that at least one other man accused of the murder was allowed (during his interrogation), which he failed - but after Jovan asked for one he was refused. Well, there's definitely an "ego-thing" involved on both sides (the police and the suspects). We all naturally love ourselves most, and will do whatever we need to do to defend what we believe is right. Even if now we're always, 100% of the time, in support of the police, we would feel differently if what happened to Jovan happened to us. But, I understand the system enough to know it's a difficult situation. Personally, I wouldn't want to be a Chicago Police officer and I certainly wouldn't have wanted to have been Javon (but I'm glad to hear that he's out now).