Wrongful Conviction Lawsuit Defense Blog : Wrongful Conviction Defense Lawyer & Attorney : Andrew M. Hale Law Firm

 A federal jury has ruled that a Chicago Police Officer was justified in shooting and killing Michael Dunbar when Dunbar drove his car while dragging the Officer, whose arm was trapped in the car window. Dunbar and a female passenger were in a car when approached by the Officer. Dunbar, who had a .12 blood alcohol level, drove the car onto the sidewalk hitting the Officer. The Officer ordered Dunbar to stop and reached into the car to try and take the keys but Dunbar grabbed the Officer's arm and then put the car in reverse and then forward, driving away with the Officer's arm hooked in the car window. With the car accelerating, the Officer shot Dunbar, killing him. The Officer suffered injuries, including a concussion, which required hospitalization. You can read more about the underlying incident HERE. At the civil trial, Dunbar's family claimed the Officer was not justified in shooting Dunbar and asked the jury to award the family $4,000,000. The jury rejected the plaintiff's claims and found in favor of the Chicago Police, who were represented by attorneys Josh Enquist and Jordan Marsh from the City of Chicago Corporation Counsel's office. Dunbar's family was represented by attorney Russell Ainsworth from the firm of Loevy & Loevy.

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 On February 22, 2007, Chicago police officers Damen Balesteri, Dennis Oboikovitz, Sharmaun Freeman and Shaun McGovern arrested Melvin Wiley after he was observed selling drugs on the 6200 block of South Laflin on the south side of Chicago. Officer Balesteri observed Wiley conduct two hand-to-hand transactions while conducting a drug surveillance from an abandoned building across the street. Wiley told a very different story, claiming that he had two of his friends, Darnell Russell and Sydney Hunter, came to the 6200 block of S. Laflin because Wiley was going to take his young daughter out to celebrate her birthday. Wiley and Russell claimed that the officers pulled them out of Russell's car at gun point and placed them in handcuffs. Wiley, Russell and other witnesses claimed that while in police custody on Laflin, one of the officers put his finger in Russell's rectum, causing Russell to have a seizure. Wiley and Russell claimed that the police officers just left Russell on the street to die after allegedly having this seizure. Russell and Wiley marched their family members into court to testify on their behalf but they could not keep their stories straight.  Russell's mom had claimed she witnessed her son on Laflin after having a seizure but it was shown that she was actually at work at the time of the incident. Russell's step-father testified but in his testimony he admitted he never even saw Wiley at the scene of the incident. On the last day of trial, plaintiff's counsel was allowed to call a rebuttal witness to testify there was no abandoned building on the 6200 block of S. Laflin, but on cross-examination it was shown, via Google Maps, that there clearly was an abandoned building on the 6200 block of S. Laflin, consistent with Officer Balesteri's testimony. Russell claimed he went to the hospital relating to this incident but he offered no medical testimony to support his allegations. After deliberating for less than an hour, the jury returned a verdict for the defendant police officers on all counts. The Chicago police officers were represented by attorneys Avi Kamionski, James McGovern and Cherie Getchell from the law firm of Andrew M. Hale & Associates. The plaintiffs were represented by attorneys Sam Adam, Jr. and Jeffrey Neslund.

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 The Chicago Tribune has a story online under "Breaking News." Two brothers filed a lawsuit  against the Chicago police claiming they were beaten when they left a liquor store. This is breaking news? Two people who ALLEGE they were beaten by the police. We don't know any of the facts yet? There has been no discovery or trial? And this is a story in the Chicago Tribune under "Breaking News" ??Really Tribune? You got nothing else to report about? Let's see if Ryan Haggerty (the reporter) runs a a followup when more facts emerge. I highly doubt it. Another example of the media bias we are constantly reporting about.

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 The law firm of Andrew M. Hale & Associates continues to rack up the trial wins, with the latest coming today when a federal court jury deliberated for little over an hour before finding in favor of three Chicago police officers accused of beating plaintiff Ricky Stevenson in the lock-up after he was arrested for burglary. The officers were represented by attorneys Shneur Nathan, Jonathan Boulahanis and Joan Ahn, who were able to show that two of the three officers were not even present in the police station at the time of the alleged beating. Our attorneys were also able to show, via plaintiff's mugshot and the testimony of the ER doctor, that plaintiff Stevenson did not suffer any injuries, let alone the significant injuries that he claimed. In addition to seeking compensatory damages, plaintiff had asked the jury to impose $30,000 in punitive damages against each of the officers. The jury rejected all of plaintiff's claims. Plaintiff was represented by attorney David Clark. The case was heard before Magistrate Judge Susan E. Cox. This is the eighth police trial victory this year for the trial attorneys at Andrew M. Hale & Associates. 

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 After deliberating little more than an hour, a federal jury found in favor of Chicago police officers Kenneth Taylor and Carlie Young in a lawsuit brought by plaintiff Ricky Scott. The Officers, who were working school patrol, received information from a Calumet High School security guard that there was a man with a bandana driving a dark car near the school and scaring students. Shortly after receiving this report, the Officers spotted Scott driving by Calumet High School in a dark colored car wearing a bandana. The Officers pulled Scott over and wound up handcuffing Scott temporarily due to safety reasons when Scott refused to keep his hands on the trunk of his car as the Officers ran his name and plates. Since the Officers could not prove that Scott was the perpetrator, they filled out a contact card and told Scott to leave the area. Scott claimed that the Officers handcuffed him in such a violent manner as to separate both his shoulders. The defense submitted evidence showing that Scott had incurred shoulder injuries from work-related incidents and that Scott had denied having any prior shoulder injuries when questioned during the pendency of the case. The jury rejected Scott's claims of excessive force and battery. The Officers were represented by attorneys Andrew Hale, Avi Kamionski and Helena Wright of the firm of Andrew M. Hale & Associates. 

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 Today's headline from the SunTimes lead story:

"Mom Doesn't Believe Son, 13, Had Gun Before He Was Shot By Police."

Read the story HERE.

Once again, the Chicago media spinning a police shooting as an intentional murder. ("The police told him to freeze so he stopped and put his hands up, but a police officer ran up on him and shot him from only a couple of feet away.")

What's interesting is that the victim's mother claims he did not have a gun, but the article notes she did not witness the incident. Not sure then why she should be quoted in the headline as saying her son did not have a gun.

Let's see how the case plays out and if the Sun Times does any follow-up story. More to follow. . . 

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 The Chicago Tribune has a story about the police shooting of Pedro Gonzalez III. According to police, officers spotted Gonzalez with a gun in his waistband. Officers approached Gonzalez who then fled and the police gave chase. Gonzalez then pulled out a gun and was shot by the officers. The Tribune quotes the victim's father stating he has no idea why the officers shot his son and that his son did not have a gun. Really? The police just shot this boy for no reason? And then planted a gun at the scene? Yeah right.

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 The Huffington Post headline and story seem to imply the police were at fault and that Brandon Ross got screwed by being charged with murder after the police shot his accomplice, Tatioun Williams. Another example of MEDIA BIAS against the police. A comment to the Huffington Post story from MarkRB put it best:

"For all of you out there who don't see how this thug should be charged with murder, put it this way. If thug #1  with the gun had shot the guy they were robbing and killed him, thug #2 would have been charged with first degree murder also, even though thug #1 was the one who did the shooting. The law states that anybody participating in a crime with a firearm involved, and ANYBODY is killed, they will all be charged with murder. The law specifies that it applies to victims AND the perpetrators. Thug #1 was killed. So now thug #2 is charged with murder. See how simple that is."

Well said MarkRB. Thank you. And Huffington Post, if you are going to run a headline like the one above, perhaps you should explain to your readers the way the felony murder statute works, like MarkRB just did. C'mon Huffington Post, you can do better.

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 The Chicago Tribune's Jason Meisner ran a follow-up story regarding the Tatioun Williams incident, reporting that Williams' friend, 16 year old Brandon Ross, has been charged with felony murder and armed robbery. The story quotes the 27 year old robbery victim as praising the police, saying "they did an excellent job" and "if they respond as speedy as they did yesterday that could cut down on criminals getting away." Thank you Mr. Robbery Victim. Despite the fact that the robbery victim said Williams pointed a gun in his face during the robbery, the police officers said Williams pointed a gun at them when they ordered him to stop, and a gun was recovered at the scene, along with the robbery victim's wallet and ipod, and Brandon Ross has given the police a videotaped statement admitting he and Williams plotted the subject armed robbery, the Chicago Tribune continues to quote Lois Pickett, Williams' mother, as saying Williams would never carry a gun. Really? So, the robbery victim and police are making all this up? They planted the gun? Give it a break Chicago Tribune. 

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 On January 18, 2011, after a week long trial before the Honorable Virginia Kendall, a federal court jury found that seven Chicago police officers were not liable on all counts in a civil rights lawsuit brought by plaintiff Gregory Smith. Smith had alleged that the police officers used excessive force and stomped on his hand, causing a dislocation of his ring finger. He also alleged that several officers failed to intervene during the alleged beating and that he was denied medical attention. The jury rejected all of Smith's claims. Key evidence in the case was the fact that the medical evidence showed that it was impossible for Smith's finger to become dislocated due to the stomping he claimed, that Smith had plead guilty to the narcotics offenses he was arrested for, and the testimony of the officers that Smith resisted their attempts to arrest him and had to be pulled from a fence that Smith would  not let go of. Smith was represented by attorneys Jeff Neslund, Rob Robertson, and Mike Robbins. The police officers were represented by attorneys Shneur Nathan, Jonathan Boulahanis and Monifa Gray from the firm Andrew M. Hale & Associates.

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A federal court jury has ruled in favor of Chicago police officer Richard Pellerano in a suit brought by plaintiff Gary Murray. Officer Pellerano and his partner, Chris Cannata, had arrested Murray for possession of crack cocaine, resisting arrest and reckless conduct. Murray claimed he did nothing wrong, and was not in possession of any cocaine. The jury rejected all of Murray's claims (false arrest, excessive force and malicious prosecution) and found in favor of Officer Pellerano. The case was presided over by Judge William J. Hibbler. Officer Pellerano was represented by attorneys Andrew Hale and Jonathan Boulahanis from Andrew M. Hale & Associates in Chicago.

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Fox News is reporting that gang members are threatening to shoot Chicago police officers. Apparently threats were received in Districts Three and Six. The Chicago Police Department issued a statement stating that an alert has been issued in those Districts, and all other Districts. Very difficult and dangerous times for Chicago police officers. 

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The Chicago Sun-Times is reporting that Mayor Richard M. Daley plans on hiring 100 more police officers in the wake of the recent violence that has occurred in Chicago and also claimed the lives of three Chicago police officers.  

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 J

Devastating. Chicago has lost another of its finest. Officer Michael Bailey, who was only weeks from retirement, was shot and killed outside his home early Sunday morning after finishing his security shift in front of Mayor Richard M. Daley's home. Officer Bailey was still in uniform and apparently cleaning his car when one or more suspects attempted to rob him. Bailey was in uniform at the time of the shooting. Words cannot describe this tragic and senseless loss. Very very difficult and sad times in the Chicago police community. Officer Bailey, too, will be missed but not forgotten.

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In a recent court opinion, issued by United States District Court Magistrate Judge Arlander Keys in Bell v. City of Chicago, Chicago Police Department CR files were deemed protected from public disclosure. Judge Keys explained "the newly-amended FOIA expressly exempts from disclosure records relating to disciplinary adjudications." Section 7(1)(n) of the 2010 FOIA per se exempts from disclosure:  

Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

The Court explained that it need not address the "privacy considerations" of the officers because the 2010 FOIA trumps all.  As for the overstated contention that the "public's need to access the record outweighs any interest the Defendants may have in maintaining their confidentiality," Judge Keys cited language from the recent Seventh Circuit decision in Bond v. Utreras, where the Court explained “pretrial discovery, unlike the trial itself, is usually conducted in private.”

Geri Lynn Yanow of the Corporation Counsel's Office represents the defendants and Melinda Power represents the plaintiff

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Chicago Breaking News Center is reporting:

A man was shot dead in the Loop and a Chicago police officer was wounded but saved by his bulletproof vest this afternoon, sources say. A man in his 50s was transported from 190 N. State Street and was pronounced dead at 1:09 p.m. at Northwestern Memorial Hospital, according to a spokesman from the Cook County medical examiner's office.

The wounded cop was also taken to Northwestern but did not appear to be seriously injured, according to fire officials. The shooting occurred just before 1 p.m. outside the WLS-Ch. 7 studios near State and Randolph Streets when several officers witnessed a purse-snatching, according to an officer on the scene.

The suspect put a knife to a woman's neck and officers began chasing him, the officer said. A cop was wounded and then fired several times at the man, the officer at the scene said. Witnesses said they heard as many as four or five shots. Bobby Polk said he turned to see a man holding "a butcher knife" to a woman's throat. As many as five police officers were pursuing him. "The policeman shouted 'Stop, stop,' but he didn't and that's when [the officer] shot him," said Polk, 20.

The man was burly, had a white beard and looked disheveled, he said. Chicago Police News Affairs officer Laura Kubiak said calls of a shooting on the busy Loop street came in at 12:49 p.m.

The officer should be commended - The officer stopped this guy before he continued to be a threat to more citizens on the street.   Great work CPD!!!!!

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We decided to launch our very own YouTube channel. 

Visit DontBlameTheCops YouTube Channel to see the latest media coverage on the Jerry Miller decision.  

Here is the ABC Channel 7 News coverage: 

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The AP is reporting that Alton Logan, who was convicted in 1983 of shooting a security guard at McDonald's, has been issued a certificate of innocence by Chief Judge Paul Biebel Jr. in the Cook County Circuit Court. Logan was convicted by a jury, but two attorneys last year revealed his innocence. A client of theirs had admitted to them that he had committed the crime, however, they could not come forward until that client passed away in 2007. 

Alton Logan's case made national headlines last year when attorneys Dale Coventry and Jamie Kunz revealed that Logan was innocent because their client, Andrew Wilson, who they were defending for killing two policemen, confessed to them that he had also killed the security guard at McDonald's - the crime Logan was charged with. Watch Coventry and Kunz explain why they kept this a secret all these years. 

As a result of the revelation of this secret - Logan's attorney Jon Loevy is now considering a lawsuit against the Chicago Police.  

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