Tuesday, April 01, 2008

This has to Suck

  • In a decision that restores the prosecution's strongest evidence against the remaining defendant in the Brown's Chicken massacre, an appellate court ruled Monday that jurors can watch a videotape in which James Degorski acknowledges his role in the 1993 slayings.


    During the 41/2-minute video, Degorski, now 35, admits killing two of the seven people slain at the Palatine fast-food restaurant. Cook County Circuit Judge Vincent Gaughan had thrown out the tape last year, saying authorities should have reread the defendant his rights before filming the statement.
The defense motion went something like this we're sure:
  • Defense attorney: Your Honor, we'd like this particular piece of evidence suppressed.

    Judge: On what grounds?

    Defense attorney: One the grounds that it makes my case impossible to present with a straight face your Honor. I mean, he admits to killing two people, one of them by cutting a woman's throat. How can I make any sort of reasonable doubt based on that?

    Judge: Well, you have a point...
We're almost amazed that an appellate court had to make a 2-1 decision to restore this critical piece of evidence. Remember the name Jill McNulty - that's the dissenting judge who attempted to keep a freely given admission of guilt out of the juror's earshot.

Labels:

31 Comments:

Anonymous Anonymous said...

J-Fraud is supposed to have FBI-SWAT background. Was he one of the FBI heros thet left a wounded CPD guy behind as they fled for their lives a few years ago? Just wondering.

3/31/2008 11:39:00 PM  
Anonymous Anonymous said...

Sorry, but Jill McNaulty is one of the better Judges in the App. Ct. Also Judge Gaughan was correct in his ruling based on US Supreme Ct. rulings against 2 part interview then advise confessions. This is a frequently used investigative technique where the officer first gets the offender to confess and then advises him of his rights just prior to the offendered being asked to give a written statement or a taped confession.

Haven't read the actual ruling yet, but unless you have and you are familiar with the background don't be so quick to diss the dissent.

3/31/2008 11:56:00 PM  
Anonymous Anonymous said...

Noble words there 11:56pm.

Obviously, you had no family members murdered at that browns chicken!

4/01/2008 05:59:00 AM  
Anonymous Anonymous said...

Judge Gaughan is an asshole and anti police. Arrogant prick not as bad as himmel or let em go leo but pretty bad.

4/01/2008 08:52:00 AM  
Anonymous Anonymous said...

Lets hope the jury is going to "cook" this homicidal maniac; unlike the other jury.

Geez, if this guy only killed 2 of the victims, I wonder who killed the rest?

4/01/2008 09:27:00 AM  
Anonymous Anonymous said...

The State of Illinois is screwed to many liberal judges, politicians, and activists.

4/01/2008 09:30:00 AM  
Anonymous Anonymous said...

HOW UNFAIR: It's just not fair to allow real evidence into a trial. Don't mass murderers have rights anymore?

4/01/2008 10:17:00 AM  
Anonymous Anonymous said...

I think Jill McNulty's son is an ASA, been in the office about 8 years. Not 100 percent on this maybe someone can confirm. He's not a bad guy.

4/01/2008 10:40:00 AM  
Anonymous Anonymous said...

When are judges going to figure out these criminals have been arrested so many times and have been read Miranda warnings so many times.. and seen them so many times on TV and in movies, they already understand them. Their stupidity to ask for a lawyer and to talk is their own fault. Victims of their crimes shouldn't be punished further just because a criminal is to dumb to keep his mouth shut even though they all know better.

4/01/2008 11:45:00 AM  
Anonymous Anonymous said...

3/31/2008 11:56:00 PM Said....
Sorry, but Jill McNaulty is one of ...

Thanks Jon Loevy for your insight on the matter. Hopefully you can sue the city of Palatine for those two scumbag murderers and put a frw more dollaes in your pocket you FCUIKN leech.

4/01/2008 11:56:00 AM  
Anonymous Anonymous said...

Haven't read the actual ruling yet, but unless you have and you are familiar with the background don't be so quick to diss the dissent.
.................................

Thanks ESQ, so when some animal cuts your daughter's throat you'll be all about the guy's constitutional rights? You deserve what ever crime is cast upon you....

4/01/2008 12:35:00 PM  
Anonymous Anonymous said...

To 11:56 PM,
You are full of shit. You must be one of those police/ lawyer assholes. I have found out that you shitheads can;t survive outside the dept. and you don't quite make it on the job either. This is a bullshit ruling by Gaughan. One does not have to re-read the rights to every asshole each time he eats a sandwith or takes a piss.

Like the "perfect storm" that isn't worth a shit, does no one any good, and just fucks things up as it barges along, You sir are the perfect idiot.

4/01/2008 02:17:00 PM  
Anonymous Anonymous said...

3/31/2008 11:56:00 PM

Hey counsellor.....GO FUCK OFF!!!!!

4/01/2008 03:17:00 PM  
Anonymous Anonymous said...

To 11:56 PM

I didn't know that Loevy and Loevy followed this blog but after reading your comment I'm sure they do.

4/01/2008 03:19:00 PM  
Anonymous Anonymous said...

Judge Gaughn is crazy....always tries to force the state and defense to get the offender to plea out to lower crime.... example from 1st degree murder to 2nd degree. he should not be on the bench. if you google his name you will see that this lunatic actually shot at his neighbors with an M1A1 back in the sixties.
(308 Caliber Military Rifle for you non gun nuts)He surrendered to a priest as he thought the police would kill him. He is a disgrace to the bench and has been insane for forty years. His chambers have more drugs than a pharmacy as he likes to self medicate. What a system we have.

4/01/2008 03:22:00 PM  
Anonymous Anonymous said...

The States Attorneys Office should always be policed by good defense attorneys. Guess what, there is plenty of shotty police work that is done. There is no shortage of badly written police reports. No one should be convicted on half ass police work.

The truth is most defendants can't afford a quality defense attorney. Thus that defense attorney is going to do minimal work for his client.

4/01/2008 03:55:00 PM  
Anonymous Anonymous said...

The Judge was right. Why should someone incriminate himself by a videotaped confession. That's it, no more video for prosecution. Dismissed.

4/01/2008 05:28:00 PM  
Anonymous Anonymous said...

This will just delay the trial that much longer. His lawyers will now try to take it to the Illinois Supreme Court, and if it fails there they'll go all the way to the US Supreme Court.

Which, as anon 3/31 11:56 just stated, ruled that those types of confessions are inadmissable. This case probably won't go to trial until sometime in 2012.

Beyond that, though, what about the rest of the people who were directly and indirectly involved that night?

I'm not just talking about the gender neutral individual who shared some chicken with Luna, but left the interior of the building prior to everything going down.

The powers that be got their script, and they're not looking for any re-writes. I sometimes wonder who's getting paid off...

4/01/2008 06:04:00 PM  
Anonymous Anonymous said...

You should see the dumb fuck defense attorneys now that we have ERI...No more of their bullshit motions saying the asshole was beat, didn't eat, didn't go to bathroom, didn't get his Miranda, chained to the wall for days, etc. So far we are 14 wins 0 losses for ERI murder convictions. It's great watching them play the asshole's video in court. We don't even testify, just sit in the witness stand and watch the video. The reason we got ERI was because of the cry baby defense attorneys, now the jagoffs wish we didn't have it. They got NOTHING, these defense attorneys are total fucking losers and they have finally been exposed for the FUCKING LIARS they are.
The latest thing now is plea bargains...murder with a gun carries a minimum 45 years on the bottom, but the spineless States Attorneys office has a new "unwritten" policy that if the defendant wants to plead guilty to 28 years they will more than likely accept it.....I can't wait to get off this fucked up job.

4/01/2008 06:08:00 PM  
Anonymous Anonymous said...

IT'S PAST THE POINT OF RIDICULOUS...DOESN'T THIS JUDGE HAVE A BRAIN-CELL IN HER HEAD? WE'RE TALKING HERE ABOUT JUSTICE FOR NUMEROUS WORKING PEOPLE MURDERED FOR ABSOLUTELY NO REASON. SHE SHOULD RESIGN IN DISGRACE OR BE RUN OFF THE BENCH. BUNCH OF PEA-BRAINS AGAIN HERE IN CROOK COUNTY.

4/01/2008 06:10:00 PM  
Anonymous Anonymous said...

Dont forget who the asa was.

None other than Darren O'Brien the piece of shit himself. Thanks darren, this will be appealed, old Darrin got caught playing police, the almighty one fucked up

4/01/2008 08:32:00 PM  
Anonymous Anonymous said...

To 11:56 PM

I didn't know that Loevy and Loevy followed this blog but after reading your comment I'm sure they do.

4/01/2008 03:19:00 PM

Actually, I am a career policeman. I thought issue was about the law, not about who we feel sorry for, or about who got killed. Most of you aren't old enough to actually remember the Palentine killings with any accuracy, it was that long ago but a lot of us were. We all grieved for the dead and their families. However, emotionalism and sympathy is not what the law is supposed to be about.

4/01/2008 08:53:00 PM  
Anonymous Anonymous said...

Commander wants all the sgts to add lunches to their old logs from months ago. Isn't that a Rule 14 violation if they make up lunches after the fact?

4/01/2008 09:24:00 PM  
Anonymous Anonymous said...

How many times do you have to tell these nuckleheads their rights? ONE TIME should be the ONLY TIME. If they don't get it, they don't get it. Do you have to give them their rights when they take a piss? How about after they piss? How about when they take their nap and wake up, you gotta recite the rights again? How about when they ask for a glass of water, gottA give them their rights? How about before they get the baloney sandwich...Mirandize again? How about when they take the dump after the baloney sandwich, "here's your rights". ENOUGH.

4/01/2008 10:16:00 PM  
Anonymous Anonymous said...

Never, ever, never, never never ever vote for ANY democrat. No matter what the office, they have become an anti-American party of whore rats totally ruled over in this city by the Daley and Stroger Crime Familys.

4/01/2008 10:23:00 PM  
Anonymous Anonymous said...

Anonymous said...
My new commander wants all the sgts to add lunches to their old logs from months ago after the wc had already approved them. Isn't that a Rule 14 violation if we make up lunches after the fact?

Is he setting us up for J-Fed or what?

4/01/2008 08:35:00 PM

SGTs will get paid for all lunches not taken in last 5 years. Class-act to be announced. Loevy-Loevy are the attorneys. get ready for some big dollars.

4/01/2008 11:52:00 PM  
Anonymous Anonymous said...

How many coppers will the kiss and Caroll scandal take down? All for a few $$$ of overtime. Was it worth it?

4/02/2008 08:48:00 AM  
Anonymous Anonymous said...

Anonymous said...
How many coppers will the kiss and Caroll scandal take down? All for a few $$$ of overtime. Was it worth it?

4/02/2008 08:48:00 AM

What is this about?

4/03/2008 12:11:00 PM  
Anonymous Anonymous said...

Actually THE reason why the appellate court over ruled Gaughan was BECAUSE of Darren O'Brien. When we used to video tape the offenders the ASAs would preface the taping with a short intro stating, "The detectives advised you of your rights and you gave them a statement prior to this video taping in which you admitted your involvement (or participation, etc) in this case." After that the ASAs would give the assholes their rights on tape and if at that point he or she stated they wanted a lawyer, the off-camera statement and advisement of rights was preserved and allowed into evidence because each and every one of them would always answer "yes" to the ASA's intro. So before you start bashing Darren O'Brien you should do a little more time in court to understand how things work, MORON. Because of this intro, which was O'Brien's idea, we saved a lot of off camera statements that were used against many murder defendants.
Get off the O'Brien bashing and learn how to put together a good case, LOSER!!!!
Signed an Area 5 Homicide Detective and a fan of Darren O'Brien.

4/03/2008 05:21:00 PM  
Anonymous Anonymous said...

I forgot to add...to other Supreme Court Justice who commented on this case...You are a complete asshole "this is a frequently used technique where the officer first gets the offender to confess and then advises him of his rights" Are you fucking CRAZY??? No one uses that technique and the case in chief with Judge "I'm as crazy as they come" Gaughan had nothing to do with your "two-part" technique. It had to do with on-camera vs. off-camera statements by the defendant. Like said in my earlier post the defendant gave an inculpatory statement to the detectives and the ASA off camera, once the video started rolling he asked for a lawyer, but before he did that the ASA got him to admit that he was advised of his Miranda Warnings by the detective and gave an inculpatory statement to the detective and the ASA prior to the video taping. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THE BACKGROUND BEFORE YOU OPEN YOUR MOUTH.

4/03/2008 05:29:00 PM  
Anonymous Anonymous said...

the thought here concerning lousy judges should also apply to anti police ASAs, the worst bitch i ever encountered was a jag namwed BERNIE MURRAY at 26th and cal. had the full blown Irish disease, a title and a huge ego fucked up more cases then he won . if hes still there watch out for him

4/05/2008 08:34:00 PM  

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