Double Standard
If there was any doubt (which there never was in our minds) that the Office of the State's Attorney is a completely political entity, this ought to dispel it for everyone:
Chicago Police officials are angry that prosecutors refused last week to pursue a felony battery charge against a man accused of beating an off-duty suburban cop and his girlfriend.
Des Plaines Officer John Bueno and girlfriend Sheila Inserra were attacked May 13 outside a Northwest Side bar, police said. The Cook County state's attorney's office is pursuing a misdemeanor battery charge against Edward Miller, 21, of the 6800 block of North Osceloa.
- Miller was not charged with felony aggravated battery, a separate offense, because the couple were not injured severely enough, O'Brien said. Bueno required three stitches to his nose, and Inserra needed four stitches to the corner of her eye. Bueno may have suffered broken ribs, too, police said.
Not that we'd ever expect someone to use the Office of the State's Attorney as a springboard to further political ambitions, eh?
Labels: general
posted by SCC at 12:03 AM
66 Comments:
A big thank you to the Sun-Times for actually printing this story!
This is beyond outrageous!
Nick's is an absolute shithole anyway...perhaps 016 ought to think about doing a few premise checks once in a while. There are lots of underage drinkers in that place on the weekend nights ( check those bullshit Indianna ID's a bit closer ).
Abbatte is a piece of crap, but that bartender didn't even get hurt...the Des Plaines copper and his girl both got stitches!!!! SEVERE double standard.
I hope this case will be used to get charges reduced for the Chicago guys being railroaded by the C*nts in the State's Attorney's office!
While we all may tend to like the ASA's because they are not defense attorneys.....
Remember people, they are not on "our side" just because they are ASA's. They answer to a politician who has no problem going after police to keep the heat off him and the machine.
Trust em, just not 100%
The most dangerous animal is a polititian, especialy with a cause.We see very clearly now where Devine stands with fair and impartial justice, right in the mayors pocket.Time to let things go boys,the city,the mayor,the police brass,aldermen,devine,and even the govorner of this state will nail you to the cross and laugh.We can clearly see we are on our own.
This event should be Exhibit A for Abatte's defense.
Not that I agree with what Abatte did, but I dont think anyone can argue that he's being treated brutaly by the states attorney's (as well as the media, not that that matters).
In the new case, the male victim got 3 stiches, on the nose (scar will be plainly visible for the rest of his life).
The female victim got 4 stiches under her eye (scar will be plainly visible for the rest of her life).
Result - misdemeanor.
Abatte's victim, NO VISIBLE INJURIES.
Result - 14 Felony counts.
It would seem that this "agg bat public way" law is being used with a bias against a certain population, which would render it unconstitutional upon a challange.
I wonder how often this charge has been used in chicago, and what the circumstances were?
The real story here is why did Darren O'Brien personally go to court to get the charges lowered?
Felony Review, as usual, denied felony charges but there was an override.
When was the last time O'Brien personally went to court to court to do that?
Gee, I wonder if the offender's dad might be a "pal" of Mr. Devine?
The phone call was made, the charges were lowered, welcome to Chicago, the city that works!
For some.
Supposedly the offender has ties somehow to the States Attorneys office.....
Who is Obrien? Is he a good guy?
Off Topic: but along the same lines as the double standard....
http://glennsacks.com/blog/?p=830
'What a man's life is now worth in America if you are killed by your wife'
They are a peach. God forbid if you try and charge someone with a crime the way the law says it is. Just unheard of, oh wait we are in Crook County , where all the states attorneys are political hacks like the rest of the county.
This doesn't suprise me, and it shouldn't suprise anyone with half a brain.
The Jefferson Tap incident was a case of a well-deserved ass whuppin dispensed after a significant provocation. The officers should not have been charged in the first place, and certainly not with a felony.
The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as granted in the First Amendment to the United States Constitution. In its 9-0 decision, Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court established the doctrine and held that "insulting or 'fighting words', those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech [which] the prevention and punishment of...have never been thought to raise any constitutional problem."
More of the same liberal political pandering b.s.
80 Percenter and Proud!
20 and out!
Dick Devine has carried water for te Daley Administration for years. Don't care what anyone says to the contrary, he doesn't care for us, period stop. He blames us for the ineptitude of his own office.
Screw him and all his cronies.
I bet FOP endorses Devine again.
These jagoff ASAs can be taken down;it just takes some politcal will,and some standing together! Look
what they did to Nifong!
The FOP should be all over this.
I don't know if the De Plaines PD has a union, or who their union is, but they should be all over this too. This is an outrage, and one can only hope that the next election leads to Devine's ouster, with O'Brien being washed out as well. Simply disgraceful.
I am no fan of Darren O'Brien. He has no use for the police. I would like to know though, was the Street Deputy called for an override? Most times they won't override Felony Review, but sometimes they do, especially depending on who the deputy on duty is. With an off duty copper from another jurisdiction involved, I wonder if the ADS was contacted, and if an override was rejected, and if so, why.
Even though Abbate is a worthless piece of crap who should be beaten to a pulp, didn't the bartender finish working after the incident w/o going to the hospital? And look at how many felonies they are throwing at that dickhead. And NO, I am in NO WAY condoning what he did nor am I at all sympathetic to his situation. Further more, if the roles were reversed in the Des Plaines case, they would have charged the P.O. with everything under the sun.
because the couple were not injured severely enough, O'Brien said.
Who's suprised here, just look at the ASA. He wouldn't approve charges unless you had a notorized confession letter that was video taped while it was being written and he was there witnessing it all the while you had the entire incident caught on tape showing a perfect picture of the offender committing the act, the picture wasn't grainy in any way and there was a nice zoom shot of the offender holding his ID. This guy should have been one of the first one's dumped when they had to make cuts.
See what happens when you let that badge and gun give you balls. "Joe on the street" knows you can't shoot him. And the badge don't scare him. The news shows that you can beat off-duty cops with little punishment to come.
Maybe they ought to call Mike Nifong and ask him about charging persons for political reasons.
Who was the W/C in 016 and did he go for an override?
The Charmin buttwipe I use is more valuable than the diploma any ASA has.Political hacks.
MORE ASSHOLES WHEN YOU TURN THINGS AROUND THIS HAPPENS WHY? SIMPLE REALLY THE ASA ARE FULL OF YOUNG YUPPIE KIDS WHO LIKE TO GO OUT GET DRUNK AND FUCK WITH THE POLICE! MORE PUNKS IN CHARGE! THAT IS WHAT HAPPENS WHEN YOU HAVE CLOUT BABY DEVINE IN CHARGE ALONG WITH HIS IRISH CONNECTION OF DALEY AND CREW!
keep making those arrests people. they're worth every bit of energy you put in to them. you make a difference and the state's attorney's office shows you
they are mad about the offender who battered an OFF DUTY officer only getting hit with a misdemeanor! shit, I don't have enough fingers and toes to count the times that I sought felony charges of agg battery to a p.o. for myself and felony review only went with misdemeanor. Also, I cant tell you how many times I DID get felony charges approved but once the case made itself to the courts for prosecution, the asa always come in and say "officer - would you mind if we plea it out to a misdemeanor. WE ARE NOT PUNCHING BAGS AND WE HAVE RIGHTS. unfortunately the states attorneys office hear in crook (i mean cook) county doesn't see it that way.
D.O.B has been and always will be a jagoff police hater.
What a blatant double standard. The Abbatte video from the bar was awful to watch. He should be punished. Suspended yes, fired no. Here's why. He was off duty and was not using his position as a PO during his crime. This case would never, ever be charged as a felony if not for the fact he was a PO, video or no video. The bartender sustained no injuries. No bruises, stiches, scratches. If you watch the video he missed all the punches he threw at her head. She bounces right up after the battery, uninjured. She did not go the hospital and reported the incident two days later. Felony Review never charges anything if the victim waits two days to report the crime, never! People get hit with bats, boards, whatever all the time. They get stiches and still no felony approval. I had a guy with 21 stiches in his head. No felony charges because he did not suffer 'great bodily harm'. What 'great bodily harm' did the bartender suffer. I'm disgusted by what Abbatte did, but convict him of a misdeamenor and suspended him for 15-25 days. Let him enter an alcohol program. If not then charge everyone who actually injures someone with a felony.
Did the detectives ask for an override by the street deputy? If not, shame on them.
Why would they get those charges approved? He was simply misunderstood. He meant to beat an urban prop, not a suburban cop. Besides, he's a northsider. His dad is probably a commander somewhere or chief of something big time. Only cops (off duty or on), are held accountable for their actions not John Q. and Jane Q. Public.
That would mean taking responsibility for their actions.
If Chicago Police Officials were so angry, why didn't they request an override from the ADS?
Oh yeah f- you Darren, hope you rot in hell.
C'mon everyone, You really think that the States Attorney's office gives a rats ass about you !?
Wasn't there a case not too long ago where they approved Felony charges when one of their own was a victim. Why do you bitch then do nothing in return? Protest, Work stopage, something. Until you put your foot down, this crap won't stop. Stop working with them. When they need info, tell the to piss off! When Dick4 Devine needs something, Piss off! When your Union or Department heads want numbers, Piss off! If you bitch and do nothing to force their hand. Problem is, you are all jockeying for positions and won't stand united.
Listen, Law states that ANYONE of authority who is battered, The offender shall be charged with a Felony. You know that's not reality. While Abbatte is a Tool, there is a example of pick and choose prosecution. If he gets it, why not individuals who batter the police. Obviously there will be times that the OFF duty copper will be a Abbatte type of dude that we all might think, " He deserves it", but there are too many situations where you are expected to be ON duty even when you are not.
You have no backing. To much clout BS...
Former copper
Three comments to the ASA...
1. Fuck.
2. You.
3. Douchebags.
"Buncha savages in this town." -Clerks.
Best quote to use when referring to anything work related.
Hell, the photos in the paper showed her (Des Plaines g.f.) with more serious looking injuries than the barmaid!
Our States Attorneys are the biggest jokes on the face of the Earth. My son could prosecute 98% of the cases we put before them and get charges, and he's 5. I have no use for felony review and they are all useless. I would like to see in the PSMV law where it says keys make it not stolen, I would also like to see where you shoot someone and it is aggravated battery not attempt murder. These people are useless and counterproductive to the police departments in Crook County.
O'Brien is a piece of shit, looking for a judgeship and will fuck anyone he gets a chance to as long as it isn't the people that will make up his constituents.
This ED guy beats up two people. That Polish girl didn't even get one stich.
Obrien is a jerk off. always has been. stitches are more serious than the barmaids injury. I guess we arent entitled to equal protection under the law. I have become a dogass, back each other up write a report detailing the increase in crime(we help the city with each 19p) and enjoy the circus but watch out for the animals
Sooner or later both Darren O'brien and his boss Bob Milan will want to run for judge. Please remember them then and vote for whowever runs against those two assholes.
Do not let this die. Our union has to stand up and ask how the State Attorney's office can pick and choose when they want to enforce a statute and when they want to interpret the statute to fit their political stance. If it's a cop its a felony if its Joe citizen its a misdemeaner. Its bullshit and it has to be changed.
"an immediate breach of the peace"
POs peace can't be breached on or off duty.
Ever hear of stick& stones?
Moronic apologists for criminal behavior like yourself want it both ways, when it comes to us being held to a higher standard.
Face facts they f'd up,The powers that be tried to sweep it under the rug because of a Supervisor& connected coppers being involved. There's the double Standard.
The real tragedy that seems to escape you is the 012 PPOs on scene that got fired. Because some Gunteam goofs & their boss can't conceive the concept of walking away...
"Did the detectives ask for an override by the street deputy? If not, shame on them.
6/20/2007 11:58:00 AM "
That decision can only be made by the Watch Commander. So Mr.Quick to Blame put it where it belongs. STOOP!
" Anonymous said...
What a blatant double standard. The Abbatte video from the bar was awful to watch. He should be punished. Suspended yes, fired no. Here's why. He was off duty and was not using his position as a PO during his crime.
6/20/2007 11:53:00 AM"
Oh PLEASE keep defending Abbate! Between the video and your incessant defenses of a misogynistic woman beating coward, the public sees the REAL Chicago PD in all its "glory". How in the world could anyone even contemplate firing Tony Abbate? The Chicago PD NEEDS men who knock women down who are 100lb.s lighter than them and then stomp on their heads! Why Tony Abbate is in the finest traditions of the Chicago PD. I just wonder why he didn't hook her up to a TA-312....
After the fact threats of ON THE JOB RETALIATION aren't in Abbate's official capacity? On what planet? Even Art Bell and Dennis Kucinich aren't buying THAT crap.
Again, PLEASE never stop this excuse making for that sub-human degenerate! I've been telling people about the Chicago PD for YEARS. Now they get to see what you're all about, in the Abbate video and in your OWN words.
Bravo, keep up the good work!
Now, if I can only talk some cable channel into running the video 24/7...
They got the override and the charges were lowered at Obriens request at the probable cause hearing.
were there in fact 12 ppo's fired for the jefferson tap incident? does anybody know this for a fact or just heresay?
Oh hard to swallow the travesty of justice. It comes swift and expected, yet hard to understand and comprehend. We live in the Crook County and will have to take in stride the weak excuses our ASA'S give us and we have no recourse. Someday, it will change- just not in our lifetime.
The Des Planes cop and girlfriend need to get a good lawyer for a civil law suit against the obviously politically connected offender. Who was this person and what is the connection??? Perhpas a federal investigation into this?
How about off-duty cops picketing 26th/Cal advertising the ASA double standards. FOP where are you?
the kids not charged have what kind of connections ??? hmm
Anonymous said...
the kids not charged have what kind of connections ??? hmm
6/20/2007 10:59:00 PM
We will have to follow this! maybe he is related to dickie devine as this would be the proper response right?
When I went through dicks school awhile back they had Darren come in and talk to us. He told us point blank that it did not matter if we had probable cause. They, the CCSA, would only approve if they were SURE they could win the case.
Ask any Dick who has had to deal with the ASAs. We do all the investigation for them, they come in and do their best to screw up our cases, not try to lock in the offender. The Cook Co states attorney's Office is not the friend of the Police. There was a saying in 640. Darren O'Brien set free more black men then the Emancipation Proclamation. It did not matter if they were guilty.
Lesson 1. Stay out of bars.
Lesson 2. Maybe, start shooting these assholes.
Lesson 3. Well this battle between the ASA's and CPD has been building for years, now its as they're enemies.
Lesson 4. Its time for some CPD guys to become ASA with the free credit hours for college.
Point, Become a punching bag. No one fears cops in this town anymore. What a joke. Soon Detriot will be here. Thank the ASAs and Mayor Daley.
were there in fact 12 ppo's fired for the jefferson tap incident? does anybody know this for a fact or just heresay?
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I think that the poster meant that ppos from 12 were fired, not 12 ppos. I don't know if any WERE fired, but if they were, I hope that that sgt from the gun team who was part of the fight is proud of himself. Whether they were provoked, whether or not the civilians deserved an ass kicking is one thing, and I don't know the answer to that. Getting some new guys fired because you could not handle the situation is reprehensible at best, and immoral at worst. I am a Sgt, and we are not supposed to let any po's be left out to dry. That means ALL po's, not just the ones who work for us. When I made sgt, I was told by many old timers that the one most important thing that we do is to protect the officers. I try to do that every day. I sincerely hope that no one was or will be fired. If there were firings, or if there will be, then this department has sunk even lower than I thought possible.
less than 3 to go.
The real tragedy that seems to escape you is the 012 PPOs on scene that got fired. Because some Gunteam goofs & their boss can't conceive the concept of walking away...
6/20/2007 06:51:00 PM
Really, Who got fired?
Just wait if the asa's like going out and getting drunk it is just a matter of time before you are going to be lucky enough to be taking a report for a bar battery for them with an offender on scene.... Then see what happens.... Hmmmmm.
Darren O'Brien is a democrat
Dick Devine is a democrat
Bob Milan is a democrat
Anyone see a patter here?
I think that the poster meant that ppos from 12 were fired, not 12 ppos. I don't know if any WERE fired, but if they were, I hope that that sgt from the gun team who was part of the fight is proud of himself. Whether they were provoked, whether or not the civilians deserved an ass kicking is one thing, and I don't know the answer to that. Getting some new guys fired because you could not handle the situation is reprehensible at best, and immoral at worst. I am a Sgt, and we are not supposed to let any po's be left out to dry. That means ALL po's, not just the ones who work for us. When I made sgt, I was told by many old timers that the one most important thing that we do is to protect the officers. I try to do that every day. I sincerely hope that no one was or will be fired. If there were firings, or if there will be, then this department has sunk even lower than I thought possible.
less than 3 to go.
6/21/2007 01:23:00 AM
SGT if you follow what you say your a great man! Most sgts and up let the blue shirts out to dry! the new clouted boys and girls are doing whatever they are told to do by clout as they are all mindnumbed robots!
Everyone settle down. Yes, felony review rejected felony charges. Yes an over ride wqas requested. YEs the street Deputy did a felony over ride. Yes, Darren O'brien went into Bond Court, not the preliminary hearing,a nd had the charges lowered to a misdeameanor.
Was there "Great bodily harm done, no. Did it happeb onthe public way, absolutely. Is this going to be a major emabarressmnet to the State's Attorney's Office. ABSOLUTELY. Will it cost Darren o"brien his job, maybe, probably...who knows. If the relationship comes out, it could cost alot of people there jobs.
Keep voting for the corrupt Irish! Chumps.
When I worked in Austin 10 Years ago, I had a guy who got his eye knocked out with a claw hammer. I'm talkin' Blinded in one eye Felony charges not approved. You are right, Abbate is an asshole,but its not right to pile on 14 Felony Counts.
We all know the number to Felony Review. At least working officers do. Let's bombard them with phone calls about this shit. Sure, it won't accomplish much but you can bet your ass it will embarrass the bosses there and certainly will get back to Devine.
Several hunderd call can't be ignored for too long.
To those of you who don't know the number, you are part of the problem as well.
Just wait if the asa's like going out and getting drunk it is just a matter of time before you are going to be lucky enough to be taking a report for a bar battery for them with an offender on scene.... Then see what happens.... Hmmmmm
----------------------
Answer. Nothing. What ASA will prosecute? What judge will convict?
None of them. What's the point? It will only start more trouble with the county ASAs.
They should find out where he works and sue his company. They shouldnt let one of their employees be a bad example. If they could do it , why cant we?
To 12:14, I have a law degree, why would I leave here to go work with the ASA. So I could be in traffic court for next 90 years because I approve charges. Besides, it would be a pay cut.
There was an over ride. ASA amended complaints the next morning. They f-ing ASA tell you on the phone that they're just going to change the complaints later. There's no beating them.
when you look at crook county the city the state the problem is blago-devine-daley-stroger- etc.. common thread all liberal democrats that is what you get in this welfare state, sanctuary for illegals! thanks for voting democrat what you see is what you get! If osama obama gets in pray for this country! daley will have even more power! to lie cheat and steal!
Have the Media and the our Union keep looking into this story...there is more to the story. Keep digging!!!!!
There was an over ride. ASA amended complaints the next morning. They f-ing ASA tell you on the phone that they're just going to change the complaints later. There's no beating them.
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Thats the fact, they can tell you anything over the phine or when they come in, but the next day, or a the first appearance the charge can be downgraded. they sit around the office, re-hash the events and if they don't think it's a slam dunk, they dump it. Just like the US attorneys office has always done, they (AUSA's) only want to prosecute sure winners. Now the CCSA office is doing the same shit. Stay away from the borderline cases, only take the winners. The other night we had a car which the boyfriend took from the girlfriend 2 months ago. He took the keys and booked. 2 months! ASA says no way, he had the keys, they had a relationship. CTTV only. Ok so if the bf takes the car and keeps it for a couple days, I can see it, but 2 fucking months? Thats not intent to defraud or deprive? Give me a fucking break. Try some cases before you leave for private practice will ya?
You guys are soooo soft. Don't do anything. You are fucked if you do and fucked if you don't it is better off to deal with the supervisors wrath than open yourself to civil liability for arresting these assholes. The ASA's and the public hate us so fuck them.....
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