ASA's Overreach
Did anyone catch this at the end of the Abbate article yesterday?
But prosecutors said police officers are held to a higher standard, so when they commit crimes they are automatically guilty of official misconduct.
Fleming said that under the prosecutors' reasoning, any off-duty officer on a cell phone in violation of the city's ordinance could be charged with felony official misconduct.
"automatically guilty."
No presumption of innocence. No right to a trial. No matter your intent.
You are "automatically guilty" and therefore eligible for 2 to 5 years in state prison.
Fleming took it to the logical, and ridiculous, extreme to make a point.
Our point is going to be a little blunter than Judge Fleming's - ASA's will fuck a copper in a heartbeat if they think it's going to advance their career or ingratiate them with the current political administration.
No presumption of innocence. No right to a trial. No matter your intent.
You are "automatically guilty" and therefore eligible for 2 to 5 years in state prison.
Fleming took it to the logical, and ridiculous, extreme to make a point.
Our point is going to be a little blunter than Judge Fleming's - ASA's will fuck a copper in a heartbeat if they think it's going to advance their career or ingratiate them with the current political administration.
Labels: dumb ideas
posted by SCC at 12:02 AM
47 Comments:
It was an incredibly stupid argument with no legal basis what-so-ever, but just to be clear, they weren't saying that officers were guilty without a trial.
I'm feeling a bit raw with sadness for the officer who was killed and his family and worry about my own son who is a southside cop so maybe I'll a little testy. Indicating the stupidity of the argument is quite enough without making more of it than it was.
automatically guilty is not a legal term. Maybe in China.
Heard on the news today (not that that means much) that Abbate could get up to 5 years in prison. Now personally I'd love to see him get sentenced to 5 years however after reading the following quotes from SCC's other posts I don't see how this guy can get even a year for his actions. Either way we get "screwed" because a short sentence will lead to more "cop favoritism" bullshit, and a long sentence will be upsetting when the P.O.S.'s with LENGTHY records that killed an officer got a slap on the wrist for FAR WORSE actions......
Gaston was arrested in 2007 for carrying a loaded gun in the 6000 block of South Paulina, about two blocks from Valadez’s slaying.
Gaston pleaded guilty to a felony and was sentenced on March 20, 2008 to two years’ probation by Judge Bertina Lampkin. He is due in court before Lampkin next month on a violation of probation.
Ah yes, Judge Lampkin. Two years probation for a gun felony? Amazing. And Ike Carothers is facing 98 years for accepting $40,000 in bribes? The disparity is a wonder to behold, isn't it?
* Walker pleaded guilty to a 2008 attempted armed robbery in the 6400 block of South Fairfield after he pulled a man from a truck as an accomplice held a gun to the man’s head, according to court records.
LuAnn Snow is happy now prosecuting coppers. Believe me, if she was still handling capital prosecutions in Branch 66, she would spring these cop killers just like she sprang Det. Soto's killer. That woman and her "Excessive Force" unit are scum.
he's right
you ever read the Official Misconduct statute
pretty vague is it not?
isn't there a 'void for vagueness' argument concerning its constitutionality?
we may be held to a higher moral standard - that's fine
but the Equal Protection clause disallows applying the law in a different way to different people does it not?
if you charge every civilian with misdemeanor battery and every cop with felony battery FOR THE EXACT SAME ACTION - is this not troublesome?
I quit...........fuck this city and state
As a Chicago police officer, one must ask himself, am I at greater risk from criminals or those in the states attorneys office ?
I remember when Jack O'Malley was the states attorney, they used to like us.
When Devine, a typical Obama-voting Democrat, took over, things changed dramatically.
What a shame. Devine has a kid on the job also. I had hopes for Alvarez, but now I guess I can just scratch my ass with those hopes.
Shouldn't the aldercrooks & our scumbag politicians have the same outcome too?!
Abatte 5 years, cop killers with weapons background.... probation. Yes it all makes sense. DEMOCRATS
Definition of Official Misconduct?
Official misconduct is when a judge or ASA (who are by the way held to a higher standard) gives probation to another heathen for a gun violation, armed robbery or aggravated battery so they can turn their life around.
Fleming said that under the prosecutors' reasoning
prosecutors' reasoning....so one could say under abbate's reasoning he acted in self defense.
not the opinion of the court only the asa. bfd.
SCC,I am living proof of just how much an ASA salivates at the chance to prosecute a copper. The fact that I was a copper buried me before I ever had a chance. Guilty before being proven guilty should be the ASA's motto when it comes to prosecuting the police. That's not to say all are innocent because we all know thats not the case, but your last paragraph in your post hit the nail right on the head. I lost the job, my freedom and so much more.
Gee, and I recall all the coppers supporting Alverez for States Attorney...she is a Daley hack!
You voted for the gal who WILL screw you over!
You fucking democrats really are brain dead!
Speaking of hope and change, I wonder how the 21,000 GM union morons who just got the ax are liking thier vote for Obama...you suckers!
QUESTION:
WHEN DID THE ASA CHANGE SIDES?
Yes, prosecutors said that any crime will have the official misconduct charge attached to it. The judge reminded them that that is, in fact, a ridiculous argument.
I'm glad that idiot was found guilty of the battery, but the official misconduct angle the ASA is trying to play shows how incompetent they are.
Too bad they don't have as much zeal for the criminals who are killing us when we ask for felony gun charges.
Go fuck yourselves, each and every one of you useless pieces of shit. The state of this city and county crime rate rests at your feet. Gutless fucks.
Held to higher standard? Are you fucking kidding me!!!! When was the last time saw felony battery charges for fighting with the police unless there is an injury? The law doesn't say anything about injury. Maybe if these assholes were charge with a felony for spitting on our shoes we WOULD be held to a higher standard!! Until then it's just more bullshit lies.
if Police are held to a higher standard, then so should judges, attorney's, and politicians. They should also be guilty of felonies until proven inocent!!!!
The ASA'S office always has,and always will be full of political hacks that want to advance themselves...everyone should know that...they pick and choose their heater cases...they use dope for the majority of their felony conviction rate numbers(so easy)..they have no credability with us anymore....
Anonymous said...
LuAnn Snow is happy now prosecuting coppers. Believe me, if she was still handling capital prosecutions in Branch 66, she would spring these cop killers just like she sprang Det. Soto's killer. That woman and her "Excessive Force" unit are scum.
6/03/2009 02:24:00 AM
luann another dumbass s/a!
Have you observed some of these thugs that work at the Cook County ASA's office. What politicians sponsored these individuals.
"automatically guilty" - just like we are when we receive parking tickets!
Just got my city sticker renewal notice for my truck. $180.00 F-ING DOLLARS NOW!!!!!! It was $150.00 last year!!!! I need a truck for my side job and it's not even a full size truck!!!! Not to mention the money I had to pay for a new alignment on it from all the f-ing pot holes. But that's OK, I don't mind paying for new streets around Washington park so the residents who pay lower or no taxes or bother with things like car insurance and city stickers will have a nice road to piss and break bottles on. I HATE THIS F-ING CITY AND THESE CORRUPT BASTARDS!!!!!!!!!!
Ummm... do you all know that Abbate was found guilty? How can you say the ASA's overreached on a case like that? Even though you quote Judge Fleming's opinion in this article, that same Judge Fleming is the one that found Abbate guilty.
As a fellow copper, come down on ASA's all you want, but you can't really in this case.
Fuck Luann Snow. The little skinny bitch is related to some judge. That's how she got the ASA job. They keep moving her around so that maybe she may get a conviction someday. She lost the Jefferson Tap incident and I hope she looses manny more.
If you make a traffic stop on an S.A., no more breaks. Give them the same consideration they'd give us.
Another "wise argument from the incompent Public Integrity Unit. Just like their former head, Scott Cassidy, was held to that standard when he was arrested on the gambling boat in Joliet after acting like a buffoon that he is. That case was hidden in the courts until just before Xmas when the charges were quietly dropped and Cassidy returned to heading up his unit and kept fucking the coppers
Police officers are automatically guilty but Gaston and Walker get a trial? Makes sense to me.
Fuck you liberal assholes. You created this culture and I hope it comes back on you ten fold. When you finally have the police pacified, who will protect you from the monsters your created?
LOL @ 06:16
You had "hopes" for a dirty, filthy, Obama voting, liberal Democrat Chicago machine politician?
Nevermind, I suppose it was based on their propensity to defend every action of hoodrat leeches of society to garner their voting power.
What integrity, Cook County makes me so very proud to be a law enforcement professional.
I am a Cook County Assistant State's Attorney and I have wet dreams about prosecuting a copper.
I hope that someday this will make my career and I will get that big heater case and then catch the eye of the US Attorney's office where I can go after CPD everyday.
I know that prosecuting gangbangers and drug dealers is what my job is supposed to be but I will get more publicity, votes and media support if I go after cops for misdemeanor offenses that I try to make into felonies.
I am just a caveman,
Me work for CCSAO, me no understand equal protection. Me do what I'm told, me no good with writing things down or thinking on my own. Media influence my thought process, cops bad.
ASAs are doing fine. Thanks for asking.
Judge Lampkin is one of the best judges to have. ask the detectives. Anyone who says different hasn't been to 26th street or more than likely is just a know it all sho barely gets it.
Please don't paint all ASA's with the same brush. I'vd worked with plenty of ASA's who have done right with the detective and investigation.
True they have to clean up felony review....too many dummies.
True they go after cops with too much zeal...they don't use the same zeal with joe citizen and blow off charges when charges should have been approved. They have to accept the fact if they don't have a case against a copper, then let it go like they do with joe citizen. They shouldn't be concerned about the boss, media, liberals, Daley & co, or store front revs. In the end they will get egg on their face and charges will eventually be dropped or they won't win the case in court.
I am a Cook County ASA and I just want to comment that I think CPD does an AWESOME job and I commend you! However, be fair to the ASAs. Yes, there are some bad ones, but there are a lot of really excellent attorneys who work hard and would love to prosecute gang banging cop-killers and not offer probation. But, its not always up to us what a judge offers a defendant in exchange for his plea or for offering a deal because we know our judges and we know what they will do at trial (Not Guilty) or will offer after a trial (probation). Judges are political and need the private defense bar to get re-elected or re-appointed.
I do have to agree, the argument was pretty stupid but she got dinged in the papers and by the judge.
I think its sad that people in this county have such a bunch of incompetent, political hack lawyers in the Cook COunty States Attorneys Office, but since it pays my bills, I can't complain. I know you guys on the CPD are doing a good job but it just isn't fair, you guys have the deck stacked against you. First you have a bunch of liberal, uneducated jurors, next you have a bunch of simpleton judges, and finally you have some really piss-poor ASAs prosecuting your cases who barely passed the bar exam.
Signed,
A criminal defense attorney
Remember ASA's, just like most of the damn politicians are all Attorneys! They, just like Feds get a feather in their cap everytime they are able to screw a copper. Public Integrity Unit, narcotics or felony review, they are all the same and will use us as a stepping stone to become a Judge or Politician.
Don't get me wrong, Abatte is a POS and deserves whatever he gets for disgracing us and for his actions.
Remember these ASA's when we stop them for traffic, they are not on our side and should be given no Professional Courtesy!!!
Anonymous said...
Just got my city sticker renewal notice for my truck. $180.00 F-ING DOLLARS NOW!!!!!! It was $150.00 last year!!!! I need a truck for my side job and it's not even a full size truck!!!! Not to mention the money I had to pay for a new alignment on it from all the f-ing pot holes. But that's OK, I don't mind paying for new streets around Washington park so the residents who pay lower or no taxes or bother with things like car insurance and city stickers will have a nice road to piss and break bottles on. I HATE THIS F-ING CITY AND THESE CORRUPT BASTARDS!!!!!!!!!!
6/03/2009 01:31:00 PM
Jeez. Just do what I do, LIE! Screw the city. My 2 SUVs have City Stickers for compact cars. As loing as you have a valid Sticker nobody checks to see if it matches up.
If Judge Lampkin is Bertina Lampkin, she worked in Br44/66 yrs ago and was outstanding at her job. This chick could've eventually been a female Johnnie Cochran. I can't believe she settled for a Cook County judgeship.
All of you young coppers must know that OFFICIAL MISCONDUCT is a catch-all.
Its something that , administratively has teeth. Its a conviction that can get you fired even if you are acquitted of all other charges.
Its a tool for dismissal.
Its like the "failure to register" handgun charge...a tack-on, but bull shit.
Rumor has it that the top deputies on Anita Alvarez's staff have instructed all members of their staff that there will be zero tolerence on any CPD accused of a crime. ASAs were instructed to proceed for any felony you can charge officers with and if it is a misdemeanor offense they are encouraged to look for aggravating circumstances.
Please don't paint all ASA's with the same brush. I'vd worked with plenty of ASA's who have done right with the detective and investigation.
True they have to clean up felony review....too many dummies.
True they go after cops with too much zeal...they don't use the same zeal with joe citizen and blow off charges when charges should have been approved. They have to accept the fact if they don't have a case against a copper, then let it go like they do with joe citizen. They shouldn't be concerned about the boss, media, liberals, Daley & co, or store front revs. In the end they will get egg on their face and charges will eventually be dropped or they won't win the case in court.
6/03/2009 06:41:00 PM
Great and in the end the coppers name and career has already been tarnished. He has spent every last dime paying for a lawyer to defend himself. His wife has left him. His friends disowned him etc etc. All to jam a copper more than the average citizen. Thank you ASA
First off
in regards to that message from the criminal defense attorney, bring that shit up in my room at the 26, Ill stuff whatever bullshit defense you have up your nickel dime ass...
your right, all us ASAs are shit, and you defense bar bad-toupee wearing gang commesirating with weasels are just the bastion of ethics and efficency. You defense douchebags work bullshit witnesses, violate ethics, make improper argument all day long with no regard for the canons of ethics or your oaths as attorneys and we are shit.... dont make me laugh...why dont you go get some of your accounts receivable from some Latin King pile of human garbage.
Most of you private defense shitbirds get consideration because you buy chicken dinners for 500 a table when these judge mfers have their fundraisers and we are the ones who suck? I can't afford to attend some swank ass fundraiser at the union club or whereever you defense attorney fucks take a steam with the political elites of this fine city. Im trying to scare up some videotape or some other shit for discovery, bitch. Im driving a car with 120K on it and dealing with the fight, because its a good fight.
Im gettin shit pay and trying my best, overworked, underpaid and a cog in the big criminal justice wheel...why???? because I believe in the fight, I believe the fight is worth it I believe in the victim. My daddy doesnt know anyone, my mommy doesnt know anyone either.
If you are a dirty cop...fuck you! get ready to reap what ya sow...ASA and cops are like any shit you see in this life...there are good ones and there are bad ones and you gotta deal with it.
If some officers were as concerned about dropping good paper and not testifying like a short bus riding 8th grader as they were about gettin CB numbers so the pink or yellow OT slip can be filled out, we'd probably be alot better off.
Some defense shitbag can 402 most shit and get whatever they want. Im just trying my best and trying to keep my license. If you want to try it, let your ASA know and we will go to trial.
Im sorry all the officers have such animosity for us. Maybe we need to have a kegger or something. You got a boss and I got a boss and in this market, I need to keep my job, just as you do.
just stay friggin safe out there for the love of Christ.
Yea right. Everybody lie to get a cheaper sticker. When sticker revenue goes down and your neighbor or YOU lose your job to layoffs, ask your phony city sticker to pay your mortgage. You're no better than the dog selling stolen stickers at 111th and Vincennes. Your kids must be so proud!"My daddy's a liar!"
Notice page 13 of today's paper a Judge is not held to higher standard on his DUI case!
Yea right. Everybody lie to get a cheaper sticker. When sticker revenue goes down and your neighbor or YOU lose your job to layoffs, ask your phony city sticker to pay your mortgage. You're no better than the dog selling stolen stickers at 111th and Vincennes. Your kids must be so proud!"My daddy's a liar!"
6/05/2009 02:16:00 AM
OK city hall. Shut the fuck up. You're the biggest lying pieces of shit around. What the fuck are we getting for the overpriced stickers? Third world potholes and thieving politicians. And if you're a cop, you have been fooled by these idiots.
NOT A LIAR and a cop. City hall doesn't fool me and never has.I made money off this city every single month and made it w/interest. I'd never put myself or another copper in the trick bag with a fraudulent sticker. 30 and pending? Even a 10 day suspension would have seriously cut into my overtime. Inspectors walk the lots and even check police neighborhoods looking for that nonsense. I can hear it now.."What was he thinking?" Save a few bucks when it could bite me in the ass? No thanks, but you enjoy that C-note u saved.
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