"Not Even Close"
A Cook County judge today acquitted two Chicago cops of planting drugs on a convicted felon outside his sister's home six years ago, saying that prosecutors didn't "come close" to proving their case.
"I just can't get overexcited about the supposed conspiracy to conceal," Porter said, shooting down prosecutors' argument that Bernichio, 43, and Murphy, 35, tried to frame Morris Wynn -- a convicted felon and self-admitted former gang member.
Bernichio's attorney William Gamboney said Wynn and Guy, who also has an extensive criminal record, were not credible, adding that the filling of the two police reports was simply a "clerical error."
Gamboney continued, saying that prosecutors had wanted to protect themselves by treating the officers' case like "the Kennedy assassination."
Here's a howler from the BreakingNews article:
Prosecutors argued Wednesday that the alleged victims' accounts of their arrest contrasted starkly with the officers' arrest reports and implied they planted thousands of dollars worth of drugs on Wynn.
We'll just run with vague accusations that Chicago Police drive around with ounces of narcotics, "drop guns" and probably bales of home-grown marijuana just so they can risk spending 20 years in the slammer. Yeah, that makes sense.
Anita Alvarez is not your friend. She is not the friend of any police officer, active or retired. She will attempt to jail you based on the lies of convicted felons and gang bangers. And her merry band of unqualified, bottom-of-the-barrel, law-school hacks will stab you in the back to help her do it so they can get the coveted "first chair." Citizens beware - the Cook County State's Attorney has declared war on the police and unfortunately, you will bear the brunt of any hesitation on the part of the officers to take lawful, legal action to protect you and your loved ones.
Buy a gun - the Supreme Court is about to make it legal anyway.
Labels: good news
136 Comments:
Damn Dawg!
I bet you Viper could get PC at 26 Cal!
He is My Guy!
Maybe she can throw the baseball around her office like she does! Another politixcal hdo hack with no clue! yes another reason the citizens will suffer lazy,dumb states attorney!
AGAIN,WHY DO ANYTHING !DO THE MINIMUM,ANSWER YOUR JOBS AND GO HOME!YOUR FIGHTING ,THE MAYOR,THE BOSSES,REVEREENDS,POLITICIANS,STATES ATTORNEYS,MEDIA AND THE CITIZENS!IM NOT EVEN INCLUDING THE BAD GUY FELON GANGBANGERS YET!!ITS OK QUICKLY THE CITY IS BEIN TAKIN OVER BY THE BAD GUY!IF THATS WHAT U WANT FINE...I GOT MY GUNS!!
Thank God justice was served!
The Cook County States Attorney's Office has problems of its own that will soon surface in major ways.
Anita will have some very tough decisions to make soon.
Justice for all police officers. There are still many coppers lingering that have been unjustly hungout to dry.
Who did the FOP endorse for SA in the last election?
Time for a big fuck you to AA next time you see her down at Daley Center.
Guys, we have been sent messages on numerous occasions from the politically connected and bias ASA's office to BEWARE!!! They are looking for the big media event, and the big story is with US! The story on the poor victim that the police helped is not what they want. The ASA's office is similar to the brass at 35th street. They are both looking for the good and bad stories to promote their carreers. Please be carefull guys! Don't get all warm from their pats on your back because they will not remember you if you step on your dick doing what they want. When they say "lock them all up" ask them for what and put them in box #1!!!! No boss will ever be held accountable for bad things. But when things go well they move up while we get forgotten. stay safe guys!
Well this oughta be a shot in the arm for morale and reassurance of the whole "we got your back" thing touted by Weis, Dugan, Masters, et al.
Now all you Koolaid-drinking, hard-working sheep get back out there and get those numbers for your "bosses"! And don't worry your pretty 'lil head when you get stripped and sent to callback...these things usually have a way of working themselves out in 5 or 6 years.
I go the extra mile for the following people (with VERY FEW exceptions): myself, my family, my friends, other LEO's, the majority of my co-workers and 100% legitimate, hardworking, taxpaying citizens.
Sorry, all you other inhabitants of this God forsaken cesspool of a city, but you're on your fuckin' own. As SCC so eloquently put it, go buy a gun and handle your own business. This copper is in self-preservation/hibernation mode that makes Walt Disney look like a speed-freak.
Why on Earth would any coppers be making dope pinches anyway? Are they masochists? Do they want to be indicted, sued, and fired? Do they really believe they are "making a difference?" Or is it just for the OT? People, it is just not worth it. Answer your radio assignments, give the "citizen" their RD Number (worthless though it may be, since no Detective will ever follow up on it), take your two personals and your half-hour, and IF we ever have a contract, as well as a mayor, city council, department "Leadership," and citizenry who are worth a damn, then we can think about being "pro-active."
Not-really-off-topic:
http://www.frankserpico.com/
Didn't know he had a blog.
Remember when she's up for reelection to vote no. No matter what she does from this point on. Vote NO. Dirty bitch.
I dont know Alverez but you are being unfair to most of the ASAs I have ever dealt with. Most are sharp and good people. Don't let your disgust with Alverez pushing this trial, and I agree with you, blind you to what are mainly good people in the ASA's office.
Amen. I never thought I'd see the day two excellent police officers were nailed to the cross and made to beg by other members of law enforcement. Jesus Christ.
the p.os are two of the nicest guys around too, Anita A. you picked the wrong p.o's to put a case on and the judge "thank God" saw right through the lies.
anita alvarez never locked anyone up--- she prosecuted people who were served to her on a platter by working law enforcement officers.... never bite the hand that feeds you... alvarez, gorman, navarro, pieces of shit who somehow became lawyers and think they are special--- you are an embarrasment to the many fine asa's who do a good job every day and support working police.....
Those officers never should have had to have gone through this case.
The ASA's office had MB charged with four counts of perjury. One count was based on trial testimony that the offender Wynn was "alone" when he dropped the narcotics. The ASA argued that because two people were brought to the station that MB must have perjured himself. The judge shot that down saying, what does "alone" mean? 5 feet, 10 feet, 50 feet? The fact the ASA pursued this case shows they are no friends of the police.
The ASA and the Honorable Judge Stewart had no problem with MB's testimony in 2005 at the offender's trial and the offender was sentenced to 8 years.
The ASA argued two people were arrested at the scene, when there was only one arrest report. Judge Porter rightly pointed out how police officers and attorneys misuse the terms "detained," "in custody," and "under arrest." We as the police need to learn these terms so that we do not end up at the defense table. One arrest report equals one arrest. the second guy, at the most, was detained, brought to the station, and left the station shortly after arrival.
The reason the case went to the appellate court was due to the ASA's failure to re-indict the case after it was discovered that the clerical error resulted in the wrong name on the indictment. The ASA simply scratched out the wrong name and wrote in the offender's name!! who got blamed? Not the ASA. "Let's indict the officers for perjury and put their families through two years of hell," sayeth Alvarez!!
Finally, we must ALWAYS review our paperwork so that this does not happen to another one of us. Screw the supervisors who are always rushing us to get the work done because there's a backlog or we're on overtime. One hour of overtime might save the city an expensive payout in a lawsuit. which btw, the offender was awarded a five figure settlement and moved to Elmhurst.
Always watch yourself and your partner. The bad guys are in front of us and behind us it seems.
God bless MB and DM.
OT
I posted earlier about walking away from my home. I just found a house for sale for 18000--of all things a bank foreclosure!
I put up my earnest money. If I get this house I will be saving over $2000a month. Life is good.
More people should just "WALK" from the mortgage con.
Isnt that great. We have a police hater as the county's state's atty.
The public integrity unit is a plum spot for prosecutors, its a six figure salary and its used to reward loyal soldiers who support the king or this instance queen Alvarez.
One of the former asa's who worked in that unit acrtually had the balls to ask if he could get a job with Thomas needham. Thankfully he was told thanks, but no thanks.
Sell your soul to the devil for 30 pieces of silver and you should do the honorable thing and hang yourself
the p.os are two of the nicest guys around too, Anita A. you picked the wrong p.o's to put a case on and the judge "thank God" saw right through the lies.
1/28/2010 02:43:00 AM
I Agree with this post 100%, I have worked with both in the past and they are both great guys and good coppers. I only with they could sue the A.S.A and her cronies who pushed these false charges to this length.
I posted earlier about walking away from my home. I just found a house for sale for 18000--of all things a bank foreclosure!
I put up my earnest money. If I get this house I will be saving over $2000a month. Life is good.
More people should just "WALK" from the mortgage con.
1/28/2010 03:43:00 AM
If only it were that simple. Be careful the banks can get a deficiency judgment against you for the difference between what you owe and they sell it for. With that judgment they can then garnish your wages etc.
Media needs to investigate how Anita Alvarez can afford that big house in River Forest on a prosecutor's salary. Serious.
Be careful what you wish for CITIZENS! It is now happening! PC Police are rising! Be nice, don't get hurt and get home safely! If you don't see anything, you can't do anything! DO NOT GET HURT OUT THERE! Refer all matters to politicians! Give them the numbers to the various districts, areas, wards, and any other number in your FOP book! The war is on!
West Side, Inside Do-Nothing said...
I go the extra mile for the following people (with VERY FEW exceptions): myself, my family, my friends, other LEO's, the majority of my co-workers and 100% legitimate, hardworking, taxpaying citizens.
1/28/2010 12:24:00 AM
Whew! Thanks for posting. As soon as the topic was posted I was immediately hoping the guy who sometimes claims to work in 001 or sometimes claims to work in 011 would let us all know exactly how he handles whatever it is he handles. Thanks for shining your magnificence on us.
SCC you hit the nail right on the head. In the past ten years the Cook COunty States Attorneys Office has been the laughing stock of every prosecutor's office in the country.
These cops should take a page out of the Duke Lacrosse case and sue the shit out of Anita Alvarez and the attorneys that prosecuted this case. The system does rarely check prosecutorial misconduct but this might be the Cook County States Attorney administration that gets smacked into place.
Here is what happened to the prosecutor who brought up trumped up charges against those college students at Duke, we can only hope this happens to Anita Alvarez:
"Durham County District Attorney Mike Nifong has been disbarred after being found guilty of a battery of ethics violations for his handling of the Duke Lacrosse investigation, a North Carolina Bar disciplinary committee announced Saturday evening."
anita alvarez never locked anyone up--- she prosecuted people who were served to her on a platter by working law enforcement officers.... never bite the hand that feeds you... alvarez, gorman, navarro, pieces of shit who somehow became lawyers and think they are special--- you are an embarrasment to the many fine asa's who do a good job every day and support working police.....
****************
Gorman no longer works there and was never an attorney, just a hired big mouth. Don't forget Devine in all of this. He was there for most of this fiasco. The person you really have forgotten is Luann Snow. She is the sole reason that Det. Soto's killer walked. She was promoted by AA to run the new police prosecution unit. She won Abbate and the chick with the homemade check. She lost the Jefferson Tap and this one. SOS loooks like it has gone down the tubes.
I wish these guys all the best !!
Bernichio and Murphy are two great guys, and hope they get back to their assigned duties quicker than they were shipped down to callback.
Congrats guys!!!!!
ANONYMOUS SAID:
Isnt that great. We have a police hater as the county's state's atty.
1/28/2010 03:44:00 AM
______________________________
Well let's hope you and your family didn't vote her in.
Illinois better wake up and do what Massachusetts did.
i always said '' this job is a 20 year game of dodgeball'' and once you get above the rank of sergeant ''you are a politician not a policeman''. sadly, this is a fact today. we are expendable to the shortshanks,alderdorks,revs,jfed and scared whiteshirts...if you dont believe me...roll the dice.
Quote: Anonymous said...
Why on Earth would any coppers be making dope pinches anyway? Are they masochists? Do they want to be indicted, sued, and fired? Do they really believe they are "making a difference?" Or is it just for the OT?
The arrest was from 2004!!! When the police could POLICE!!!!!
This only reinforces the need to protect myself and my family and retirement and house as much as possible. Any arrest must be with a credible victim and signed complaints and must be clear cut. I will not under any circumstances sign a complaint for The State of Illinois.
Believe me, no proactive police work whatsoever will be forthcoming. This is to prevent those lawsuits and criminal accusations. self preservation boys and girls.
The only way I sign a complaint is if I am the victim and I will take care not to let that happen. The end (retirement) is so close for me, not going to fuck it up now.
Quote:
"Anonymous said...
Isnt that great. We have a police hater as the county's state's atty."
Isn't that great. We have a Superintendent police hater too, and a mayor police hater, and etc, etc.
When you do nothing, you do nothing wrong!
What those two men went throught was a travisty and as I have said before a black eye to the criminal justice system in cook county.
Very Well Done SCC
Why on Earth would any coppers be making dope pinches anyway? Are they masochists? Do they want to be indicted, sued, and fired?
ask brainiac EB why he wants vice to type flyer search warrants for dope and if you dont you're dumped. yes he said the word flyer to the unit.
For you to call all asa's "bottom of the barrel" and out to "get us" angers me. I know mike and murph and I know they definitly DID NOT deserve that but to place all states attorneys into one pile is ridiculous! That is like grouping all of us together because of the choices of a few other officers or Jody weiss. Shame on Anita Alvarez, shame on chicago media, and for this shame on you! I normally agree with most of your commentary and I think other than a few bloggers comments that are off the wall and without merit this is a good thing, but don't become like the Chicago media. Thank GOD these two fine officers were acquited, I wish them nothing but a peaceful career, and to the good and honest members of both the cpd and asa's office good careers full of good judgement. I understand this is just your opinion, but this is mine. Keep fighting the good fight and stay safe.
Anyone that does dope in today's climate is an idiot. Only exception is if the entire transaction is on video, with audio. Therefore, no copper outside of a specialized units should be doing dope unless it is found "subsequent to arrest." The memo has been given to all that "they" are coming after you. And then pray your case doesn't go to Skokie. Home of the Chicago police hating, north shore liberal, political hack ASA's.
That why I stay in the car and do NOTHING .
When and where is the fundraiser?
Dont forget this bitch is pals with J-Stool. AA is a politician who along with J-chump have vowed to try to fuck every copper she can to further their political carreers.Period. So keep making all the arrests hair gels, then you can sue to try and get your job back after the crony police board dumps you because you make more money than a new ppo.
"Isnt that great. We have a police hater as the county's state's atty."
Include Mayor and Police Superintendant in the police hater's cabal.
Another burglary around grace and the O streets in 016. This is like the 8th one this month. They need to find these punks.....
03:03:00 Makes several excellent points but the main one I see is the one arrest report equals one arrest which may seem like commonsense but as a former watchcommander I saw many instances where this exact thing happened - two people brought into the station and only one arrest report made and the second person released with nothing more than a contact card. One of the smartest things the Department did nearly 25 years ago was to require an arrest report when subjects are RWOC. WC's generally don't have a problem signing off on these as long as the detention and subsequent release are justified in the report and every policeman should prepare this second report without hesitation. Do you really care that the offender will have another CB# on his/her record.
... alvarez, gorman, navarro, pieces of shit who somehow became lawyers and think they are special---
++++++++++++
don't forget her "right-hand man" Kirk.
She loves retired deputy superintendent Hiram Grau, her chief investigator.
From an earlier post: Dan Dugan's clout was Pat McNulty back in the day. From there it just sort of snowballed and grew on it's own. He is a hardworker but here comes the problem. He thinks he's the only hardworker and because of that he thinks he's the smartest and most knowledgable the CPD has ever seen. Plenty of guys rolling around in a beat car who could give him a run for his money!
Glad to see the ruling went in favor of the Officers
Start locking up ASAs when they are out picking up hookers or driving drunk. The message will be sent soon enough.
They get the breaks that they are willing to give. And right now that would be about none.
Somewhat off topic...but to Dump Democrats, Thurssday is the last day for early voting.
Someone just sent me this...
It is a short TV commercial for Scott Brown for Senate in Massa... you know Teddy Kennedy's old seat. Want to see what can happen when the American people get fed up. And the governor doen't get to sell the seat to the highest bidder.
Expect to see more of the these types of TV spots to dump more of the Democrats.
http://www.youtube.com/watch?v=7nEoW-P81-0
Stay safe, I wonder if
Blago is still waiting for the check from Roland?
This is why if a criminal is even brought to the the station for a few minutes do that arrest report and have them RWOC. Cover your ass!
I hope a lot of PO's did not vote for that Bitch.I didn't.
Get ready for another round of unjust dumps ordered by the ruler of lies eb. JW and SP should be beaten with a wet noodle for keeping the biggest security breach as ocd chief. His harem of vice vixens is only at 7. Thats not counting the 2 male betches sf and bh trying to stay in eb's nook of unethical and unlawful self created policy.
OT
I'm all for not doing anything and sticking it to the man! However, if you're going to be like that, at least back people up! If there are some workers out there doing stops, why not stop by? Don't be a total jagoff by ignoring the other people out there.
UNDERSTAND ONE THING CRIMEFIGHTERS, ANITA ALVAREZ OPERATES AT THE BEHEST OF THE THE MAYOR,HAS THE FULL BLESSING THE CITY COUNCIL & THE SUPERINTENDENT WHEN IT COMES TO PURSUING CASES AGAINST CHICAGO POLICE OFFICERS.
One again this city has the ability to take a hard working officer and make him never do anything again. I had occasion to work with Bernichio many years ago in the wood and I can tell you that he was a great police officer and a great guy. I wish the best to him and Murphy. May you never have to work hard again.
The entire legal system has declared war on the cops.
But the cops can win this war by showing society just how important they are. All we need is a bad case of, shall we say, blue-walking-pneumonia. Keep working, and keep doing little. And if asked by news media why no one has been arrested for some heinous crime, the uniform answer should be: "I'd have arrested the MF, but he threatened to sue me."
Get that in the papers a couple times, and maybe attitudes might possibly start to shift.
Excellent call by Judge Porter, who btw is a former ASA, and obviously knows how the system works. Get in the habit of reading what your partner writes, and make sure you are both on the same page. I agree with Attorney Gamboney (btw, also a former ASA) that this was a clerical error. I always read what is written by anyone who is going to put my name on ANY report, just because I may be called to testify. When in a hurry to get a report done, it is easy to forget pertinent points.
worked with these guys in 008. 2 of the best, nicest, most legit guys you could meet. Case was BS from the start. Another reminder to the young guys running around believeing this shit is real, STOP FUCKING WORKING. You arent making a difference in the war on drugs so FUCK IT! Lock up offenders with REAL victims and thats it!!
This video brings home why you shoot first when you see a gun. Never mind asking nice please put the gun down sir!
http://www.ignatius-piazza-front-sight.com/2010/01/18/ignatius-piazza-stop-screaming-start-shooting/#video
There are still many coppers lingering that have been unjustly hungout to dry.
------------------------------
No doubt there are a few that fit that description. There are probably just as many or more that should have been hungout and weren't.
Life is unfair that way, not just to coppers.
Easy does it, with your full condemnation of all the Assistant States Attorneys. There are many I have worked on cases with that are working hard to put the bad guys away while working with the Police. I'm sure if they had a chance to retort, they would have the same response about the CPD at times. There are quite a few of us who don't have their heads screwed on quite right also.
Many of them are tired of the same B.S. at 26 & Cal. that we are tired of at 35th & Michigan.
Are there some haters down there? Absolutely. But, careful painting a picture with such a broad stroke. It can be said about us as well.
OT....but could someone tell Obama and his bad of idiots to stop bashing business and raising taxes on business. This clown is killing growth along with the stock market and now he is attacking business overseas!
O.T.
SCC how about a movement to start working on residency. Why are we so slow and uneducated about this. We need to repeal the state law and I guarantee an arbitrator will grant us the right to live outside the city and crook county. Boston just got this approved and Philadelphia just was awarded the right to move anywhere in the State of Pennsylvania. There are minimums to move out...5 years in Philly and 10 in Boston. We need to prssure the unions..we can have this and no, you will not lose your ass on your home with time restrictions. Let's do this boys and girls and we can be free of Cook County and Chicago. To those that argue...Kid, it was part of the job....guess what? So were revolvers, 100% wool pants in the winter and summer, no bullet resistant vests, no contract so you could be transferred at someone's whim, shall I go on?
Anita Alvarez should go back to selling from her cart outside the Walgreens from whence she came. prosecuting should not involve personal vendettas against the Police. She hasn't a single ounce of capable brain matter with which to work.
Read the handwriting on the wall!
It's in BIG BOLD SCRIPT...
THEY DON'T YOU TO "BE THE POLICE!"
Police Officers making arrests in which they are the complainant DO SO AT THEIR OWN GRIEF and PERIL!
We have NO TRUST OR FAITH in the Cook County judiciary or court systems. There is no love of the law, desire to see justice done or mental acuity, conscience and intestinal fortitude TO CHECK A HEADLONG RUSH TO SLANDER AND MALICIOUSLY/WRONGFULLY PROSECUTE! Especially when the defendants are Chicago Police Officers.
These Officers and others should be entitled to sue Anita Alvarez and the prosecuting attorneys and their families INTO POVERTY!
What? Too vicious? Too vindictive? Too much like right?
Why not? it happens to Police Officers all the time. What's on the table for us should be on the table for them!
Some Police Officers have lost EVERYTHING trying to do the right thing. A mistake, an error, an unintended omission and you're crucified for it. Belief in the process being self checking/correcting is foolishness in this era.
"Well Officer, you knew that might happen when you took the job."
These officers went through HELL for a simple "clerical error." God in Heaven! THAT COULD HAVE BEEN ANY ONE OF US!
The Cook County State's Attorney's office and Court are NOT ALLIES OR COMRADES IN ARMS of the POLICE in any shape, form or fashion.
They are friends of all who seek to or have done physical and financial harm to Police Officers and their families.
They aid and abet criminal activity such as drug dealing (among other things) by their ongoing ABJECT FAILURE to vigorously apply and adhere to THE LAW!
They will gyrate and twist themselves into knots to aid offenders in escaping justice in the same manner they contorted themselves to MALICIOUSLY PROSECUTE those two Police Officers and countless others!
Are Police Officers the only ones held to any kind of legal or ethical standards whatsoever?
How many Police Officers have been doomed to ROT IN PRISON because of incompetence, misconduct, career building and cover-up conspiracies by these people?
Thank God someone saw that someone else dropped the ball! Otherwise these two officers would have been en route to PRISON!
Anita Alvarez and the prosecuting attorneys should be prosecuted and imprisoned themselves!
Then Jody Weis can make a phone call and have THEM federally indicted and imprisoned for violating these Officers civil rights huh?
Oh, must be dreaming...
Chicago Police Officers have no rights that any one is obligated to or is bound by letter of law to protect. 42 extra-short, j-fart & the exempts, these SO CALLED officers of the court, the media and the public are lined up in the streets shouting this.
Whither the Cook County State's Attorney Office and Judiciary?
They don't need rights. Rights are for us little people. They have IMMUNITY!
...Must be nice.
Congratulations to the affected officers. GOD bless you two.
off topic: any word on how or when the city will provide our W2 forms?
Who were the original states attorneys who handled the narcotics trial?
Just wondering...wasn't this case charged over a year ago? Meaning it was charged under Dick Devine, not Alvarez. There are a lot of bad cases in the system from the former administration. And a lot of good ASA's are having to still deal with them
The reason the case went to the appellate court was due to the ASA's failure to re-indict the case after it was discovered that the clerical error resulted in the wrong name on the indictment. The ASA simply scratched out the wrong name and wrote in the offender's name!! who got blamed? Not the ASA. "Let's indict the officers for perjury and put their families through two years of hell," sayeth Alvarez!!
----
whats does this mean exactly
"Bernichio's attorney William Gamboney said Wynn and Guy, who also has an extensive criminal record, were not credible, adding that the filling of the two police reports was simply a "clerical error.""
---
What 2 police reports? Are they talking about arrest reports?
I think that Alvarez highers law school grads off of a list as follows . If there is a class of 300 students she always hires numbers 301 , 302 , 303 ect. 99% of all the ASA's are morons and moronetts . You can take that to the bank .
If we were really a UNION, then there would have been a major decline in the production from Chicago Police Officers while two of their own were being prosecuted on trumped up charges.
But, we are not a union, so nothing will change.
Everyone go back to what you were doing. I'm sorry I bothered you.
did the FLOP endorse her for election?
We have police haters all around us: the stuperintendent, mayor, most aldermen, the media, why should the ASA be any different?
I dont know Alverez but you are being unfair to most of the ASAs I have ever dealt with. Most are sharp and good people. Don't let your disgust with Alverez pushing this trial, and I agree with you, blind you to what are mainly good people in the ASA's office.
1/28/2010 01:56:00 AM
Name two.
Judge Porter rightly pointed out how police officers and attorneys misuse the terms "detained," "in custody," and "under arrest." We as the police need to learn these terms so that we do not end up at the defense table.
---------
Try not to use the word "detained." It's a trap.
People are STOPPED or they are UNDER ARREST.
The bad guy is stopped because there is articulable reasonable suspicion that he has, is, or will commit a crime. He is stopped while the officer checks the articulated suspicion. The stop must end when the suspicion ends or when it is clear there is no probable cause to arrest.
Using the word "detained" focuses on the muddy water between the stop and the arrest. Events will stay more clear in your mind if you leave out the word detained.
Person drops object in high drug area and walks away. Suspicious. Stop him TO check possible drug dealing. Object illegal. Person under arrest.
Person walks down street with TV in hand at 2 AM. Suspicious. Stop him TO check out possible burglary. Bad guy doesn't know where TV came from. More suspicious. Find broken window. Find TV stand with no TV and disconnected cable wire. Find owner who IDs TV. Person under arrest.
Both are legal. The first stop took 5 minutes. The second could have taken two hours. Throw the word detained into the first stop and suddenly it appears that your searching around for drugs instead of simply recovering the exact same object that the guy dropped. In the second, the word detained only complicates an otherwise straight forward investigation (there was suspicion, there was a stop, there was more suspicion, then more, then even more, and then there was probable cause to arrest him).
This is like Mike Nifong and the Duke lacrosse players. An attorney general trying to make a political name. The Duke families had money and used it to ruin Nifong. We have to damage Alvarez in some way as well.
If judges are throwing the charges out of court at preliminary, forget about the dope pinches. It's not worth it. Let the feds take care of it when it balloons out of control.
SCC
MANY OF US HAVE GIVEN THIS WARNING FOR THE LAST 2 YEARS.
YET OFFICERS ARE PUTTING THEMSELVES IN THE TRICKBAG NOT FOR CASH OR GLORY BUT TO WEAR JEANS AND A BASEBALL CAP.
I OFTEN GO TO FUNDRAISER FOR OFFICERS STEPPING ON THEIR OWN D!@KS AND THE SAD PART IS THIS IS ONLY GOING TO GET WORSE.
OFFICERS DO NOT KEEP UP WITH THE LAW!
OFFICERS HAVE NO PRIDE IN THEIR REPORTS.
OFFICERS DO NOT PREPARE FOR COURT.
NOT EVERYONE JUST THE ONE THAT THINK THIS JOB WILL NOT HURT YOU.
REMEMBER U DONT EVER SEE A TACT LT. GETTING INDICTED FOR ANYTHING B-CUZ THEY ARE NOT ON THE PAPER!
Let hope all the true blue vote her out. Lets start sending them a message.Vote her out!
I posted earlier about walking away from my home. I just found a house for sale for 18000--of all things a bank foreclosure!
I put up my earnest money. If I get this house I will be saving over $2000a month. Life is good.
More people should just "WALK" from the mortgage con.
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you must be kidding....if you default on your current mortgage there is NO way a bank is going to give you another one,at least not for 5 years,think about it...EVERYONE would do it if that was possible
DALEY TODAY ON OREGON:U WORK HARD GO TO COLLEGE U GET REWARDED IN LIFE!U TAX PEOPLE WE R GOIN AFTER YOUR BUSINESSES TO RELOCATE HERE!HMMM?WORK HARD GO TO SCHOOL..FUNNY I CANT GET ANYWHERE IN THE POLICE DEPT!I WORKED HARD...PAYED MY DUES IN THE GHETTO LEARNING,GOT A BA DEGREE THEN A MASTERS.WHAT AM I ASKED ..WHO DO YA KHOW SON?CHICAGO AT WORK!EVERTHING RIGGED HERE PORTLAND!!ITS NOT WHAT BUT WHO U KNOW IN CHICAGO!THAT IS WHY THIS CITY AND POLICE DEPT IS FALLIN APART AT THE SEAMS!!
Good, I hope they sue her ass under a 1983 action. See how she likes being on the defense!
TOM DART ALSO WAS A FORMER STATES ATTORNEY PLEASE VOTE HIM OUT. PLEASE READ THE ARTICLE ON TOM DART.
http://www.dailyherald.com/story/?id=353198
The only way to hold the States Attorney responsible is at the ballot box.
VOTE!!!
Congrats Danny. Now maybe you and your family can rest a little easier now. Time to counter sue the SA for defamation of character, slander and a host of other things.
She hates the police but she sure likes that she has Chicago police officers assigned to her for security.
Is this Epstein running for judge the same one who defended Mearday. And was he at Skokie where most cases if not all involving police testimony were routinely SOL.
No guesses please, only if you know.
Wow SCC! Wow!
Truth sometimes hurts.
Be thankful it was a Judge Porter, a former ASA who handled many a heater case and knows the lay of the land. Some may believe that there are good people in the SAO just as there are many in the CPD. However, where are the profiles in courage to speak out against blatant wrongs. Not at 35th Street. Not at 26th Street. The ship is listing, the decks are awash, and the cry goes up, "Every man for himself."
Dump all incumbents!
Why on Earth would any coppers be making dope pinches anyway?
How about because its illegal and its your job to make the arrest, dog ass.
Mayor Richard Daley revealed Thursday that he has been thinking about scrapping Chicago's July 3 Taste of Chicago fireworks extravaganza for more than a decade.
So,it takes 10 years for the troll to make a decision?
These guys are great policemen and great guys...Very happy about the outcome. Welcome back Spider
sounds close enough to sue the ASA office
Is this Epstein running for judge the same one who defended Mearday. And was he at Skokie where most cases if not all involving police testimony were routinely SOL.
No guesses please, only if
================================
Yes. Google it if you don't believe it.
Anonymous said...
Anyone who cares: Judge Epstein was Jeremaih Mearday's lawyer and then became a judge in Skokie. He hates the police-anyone who has to deal with this guy at the skokie courthouse can tell you this. Do not vote for this guy!
http://www.risparty.org/mearday.htm
CONGRATS TO MIKE AND DAN! I AM SO HAPPY FOR YOU BOTH. NOW SUE!!!!
First,
end the fucking drug war. If the politicians refuse to be adults then use "cop nullification" and ignore the small scale shit.
Most of us do anyway. It's a waste of effort.
The illegality of drugs causes more problems than the fucking drugs themselves. Think Al Capone and prohibition.
Second, I have no problems with "dirty" cops being prosecuted. However, there is this thing called REASONABLE DOUBT and the doubt in this case was as big as J Fed's cranium.
Massive fucking doubt.
Alvarez should resign. If this were Japan she would commit Hari Kari as an act of repentance.
More likely she'll put on big glasses and act like Harry Caray. "Hey Everyone, it's a beautiful day for a bullshit prosecution..."
"How about because its illegal and its your job to make the arrest, dog ass.
1/28/2010 09:32:00 PM"
that's tellin' 'em, tiger!!
you bad, you bad to da bone.....
Damnded if we do and damned if we don't. Ouch...trying to get these thousands of dollars of drugs in my pockets so I can plant them on someone...I bought pants with extra pockets and it still won't work...Hey, maybe that's why those guys have pants on the ground.
Anonymous said...
O.T.
SCC how about a movement to start working on residency. Why are we so slow and uneducated about this. We need to repeal the state law and I guarantee an arbitrator will grant us the right to live outside the city and crook county. Boston just got this approved and Philadelphia just was awarded the right to move anywhere in the State of Pennsylvania. There are minimums to move out...5 years in Philly and 10 in Boston. We need to prssure the unions..we can have this and no, you will not lose your ass on your home with time restrictions. Let's do this boys and girls and we can be free of Cook County and Chicago. To those that argue...Kid, it was part of the job....guess what? So were revolvers, 100% wool pants in the winter and summer, no bullet resistant vests, no contract so you could be transferred at someone's whim, shall I go on?
1/28/2010 12:37:00 PM
I second this. Very well put. What kind of reasonable person would say they would rather have restrictions on where they're able to live? Only selfish people that are afraid of their property value would argue that point b/c it is trully absurd.
Heard W-2s will be mailed home to us. IRS requires employers to issue them on or before 31 January. In the past the city has missed the 31st date. I'm hoping to find mine in the mail any day now.
The arrest was from 2004!!! When the police could POLICE!!!!!1/28/2010 07:48:00 AM
How about because its illegal and its your job to make the arrest, dog ass.1/28/2010 09:32:00 PM
--
When the police could police back in 2004? How's that workin out for you? Hopefully better than these two POs whose lives were turned upside down. And for the caped crusader out there, if you are seriously telling me you arrest everyone who breaks a law you obviously are not CPD. Y'all can fall on your swords, not me.
YEAH WELCOME BACK GUYS!I HOPE U LEARNED YOUR LESSON!ANSWER YOUR JOBS ,ASSIST AND GO HOME! F ..THIS!!!!!!!!!
NOTE:
This isn't the FIRST case that they tried to make on GRAMMATICAL ERRORS nor the LAST....
People out here beware you better proofread your shit and get your stories straight by everyone or you'll be in for FALSE STATEMENTS at IAD at the least then either treated like Murph and Bernichio and put at 376 for 3 years until the case falls apart....
Don't be so desparate to write a case report or type the arrest report take your time or don't get involved!!
No more understanding that the police are considered illiterate anymore when a case gets dumped in court by a judge!
Dot your I's and cross your T's and if your don't know how go back to school...or it can haunt you!
Careful getting your heads.....
3 bars
To the guy asking if the same Epstein running for appealate court is the same one from Skokie, Absolutely. He defended Mearday and hates the police. In Skokie he would basically call the police liars. Fuck Him and no police should vote for him
Is this Epstein running for judge the same one who defended Mearday. And was he at Skokie where most cases if not all involving police testimony were routinely SOL.
No guesses please, only if you know.
1/28/2010 07:44:00 PM
Your absuloutely correct and he may have been an attorney at Corboy and Associates big lawsuit firm. Epstein also was married to Corboys daughter who died accidently and also was a judge.
Mike and Dan are two of the nicest guys you'd ever want to meet. Both of them would go out of their way to help you if you needed something.
But it doesn't matter, many of you idiots will continue to vote for these hack DemocRATS who run (and ruin) everything.
"To those that argue...Kid, it was part of the job....guess what? So were revolvers, 100% wool pants in the winter and summer, no bullet resistant vests, no contract so you could be transferred at someone's whim, shall I go on?
1/28/2010 12:37:00 PM"
Please do.
I posted earlier about walking away from my home. I just found a house for sale for 18000--of all things a bank foreclosure!
I put up my earnest money. If I get this house I will be saving over $2000a month. Life is good.
More people should just "WALK" from the mortgage con.
Are you serious? once you default on your mortgage they aren't giving you another one.
All i read on here is why do anything? hit the hole, fuck the city, but it's not in some officers. Some officers still love to work but yet you knock them as if they are assholes. To all the hardworking officers it is a tuff time true but dont let that slow you down
Anonymous said...
Why on Earth would any coppers be making dope pinches anyway?
How about because its illegal and its your job to make the arrest, dog ass.
1/28/2010 09:32:00 PM
Get some time on the job before you open your yap and call someone dog ass. Moron. My house is mine and will stay mine. Same with bank account, investments etc. Not losing any in a lawsuit. I don't need to waste my time watching another bullshit dope pinch get tossed for no probable cause. In 25 years, I have not seen one dope arrest go forward past the PC hearing if the quantity is a gram or less. Not one.
That means more arrests for you, moron, if you are even the police.
You get sued for making no probable cause dope arrests. Let us know how it works out. Moron.
Anonymous said...
Is this Epstein running for judge the same one who defended Mearday. And was he at Skokie where most cases if not all involving police testimony were routinely SOL.
No guesses please, only if you know.
1/28/2010 07:44:00 PM
YES!
Not a guess, it is the same asshole. Husband of the late Judge Joan Corboy, appointed to fill HER spot after she died.
Liberal defense attorney; known as No Time Epstein in Skokie Criminal Court.
Meaday's attorney. Corboy family clout is behind this asshole.
VOTE NO FOR JAMES EPSTEIN FOR JUDGE OF THE APPELATE COURT!
To those comments about not lumping all ASAs as being against the police. I agree. Not all ASAs are bad, in fact some are very good and do go the extra mile in getting convictions on the bad guys. However, due to political considerations these hard workers will never get promoted.
the main point though is which ASAs to trust? it is better to regard them all with suspicion, that way you won't be caught off guard.
As reagan said, "trust, but verify." or something like that.
SCC,
all police should read this thread of comments. there are some very informative comments here that could be useful to all of us. also, in this thread it seems more of us are united in opinion, and there is a lot less bashing of each other. police need to stick together, especially in the face of adversity.
I for one am grateful to have this forum in which my small voice can be heard.
Anita's problems are just starting she needs better friends..........WE ARE ANONYMOUS WE DO NOT FORGET OR FORGIVE.................lulz
Wasn't this a 2004 case?
Some smart guy said, "Why on Earth would any coppers be making dope pinches anyway?"
Then some asshole hair gel said, "How about because its illegal and its your job to make the arrest, dog ass."
Now I'm saying, for guys like Cozzi and the last two and the rest, "You still don't get it, do you sonny."
This case has nothing to do with "clerical errors." Fixing your clerical errors won't protect you in this enviornment.
The bottom line is the police department would not back them. At the very least, the superintendent should have told the media that the charges were bogus. He didn't because he and the rest of the bosses want to keep the police hating public voting for the mayor.
These officers went through hell. I would hope that the rest of us can at least learn something from what they had to experience first hand.
Ladies and Gentlemen, lets all wake up and start realizing that no ASA is your friend. They put on a smiley face when they need you an apply the word "victim" where it best suits them. Remember, for the most part, they dislike us and we need to start returning the love. There is nothing wrong with saying that you "just don't recall."
Is this Epstein running for judge the same one who defended Mearday. And was he at Skokie where most cases if not all involving police testimony were routinely SOL.
No guesses please, only if you know.
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Ya ... it might be that guy.
Person walks down street with TV in hand at 2 AM. Suspicious. Stop him
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genius. pure genius. HAHAHAHAHA
Anonymous said...
off topic: any word on how or when the city will provide our W2 forms?
1/28/2010 01:24:00 PM
Who cares! relax snd hsve a cup of coffee
The below post is actually very good advice and many of you should heed it. Forget about the word detained, too many of you use it to waffle when you are afraid to say someone was arrested. Under most circumstances if you bring someone to the station they are arrested and require a CB # and the approval of the W/C to be released without charging. Please remember you must show probable cuse for the arrest in the first place and the reason they are being released. Incidentally, in the second scenario below probable cause may exist long before you have a complainant id the merchandise, and could be classic case of when to arrest and when nobody can be found to id the tv, release without charging.
Anonymous said...
Try not to use the word "detained." It's a trap.
People are STOPPED or they are UNDER ARREST.
The bad guy is stopped because there is articulable reasonable suspicion that he has, is, or will commit a crime. He is stopped while the officer checks the articulated suspicion. The stop must end when the suspicion ends or when it is clear there is no probable cause to arrest.
Using the word "detained" focuses on the muddy water between the stop and the arrest. Events will stay more clear in your mind if you leave out the word detained.
Person drops object in high drug area and walks away. Suspicious. Stop him TO check possible drug dealing. Object illegal. Person under arrest.
Person walks down street with TV in hand at 2 AM. Suspicious. Stop him TO check out possible burglary. Bad guy doesn't know where TV came from. More suspicious. Find broken window. Find TV stand with no TV and disconnected cable wire. Find owner who IDs TV. Person under arrest.
Both are legal. The first stop took 5 minutes. The second could have taken two hours. Throw the word detained into the first stop and suddenly it appears that your searching around for drugs instead of simply recovering the exact same object that the guy dropped. In the second, the word detained only complicates an otherwise straight forward investigation (there was suspicion, there was a stop, there was more suspicion, then more, then even more, and then there was probable cause to arrest him).
1/28/2010 04:42:00 PM
At SAO, the professional standards unit prosecutes cops, not public integrity. As we all know, there are bad cops and there are bad ASAs. In my experience, there are few of both.
Anita Alvaraez took an oath to uphold the US Constitution. She will not do so if she doesn't believe in it. Here is her take on the 2nd Amendment. Unbelievable!
http://www.youtube.com/watch?v=CEyzWI9oLck
Its time to end these details of coppers to outside agencies that are apparently opposes to ur members and our efforts. This includes the FBI, SA's Office, DEA, and the like.
Bring these clout babies back to roost with the rest of us sitting ducks!
Its time to end these details of coppers to outside agencies that are apparently opposes to ur members and our efforts. This includes the FBI, SA's Office, DEA, and the like.
Bring these clout babies back to roost with the rest of us sitting ducks!
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Ya, bring back members of the gov't who oppose other members of the government. We are all the gov't and therefore can't be trusted. Period. And that doesn't mean we are all snakes it just means a distrust of gov't in general is how it should be. Stop being such a little crybaby about it. Embarassing you are.
I mostly agree with the comments except for one big thing...Anita Alvarez did not charge this case. Dick Devine charged this case. I have worked with Anita on a number of cases over the years and she is a very good friend to CPD. There have been several POs that she has not charged since she took office one year ago when Devine probably would have and she is personally handling the murder of Alex Valadez without making too much of a media deal out of it. I'd say the criticism on here of her is a little harsh considering.
All ASA's go to jail. No courtesy whatsoever. Oh, and I "dont recall shit" from now on. Anita get back on the cart and peel me a mango.
“I find it hard to put into words how it feels to see two of the finest Policemen getting so unjustly fucked. This is just wrong. In the end I know they will be vindicated and those who have did this to them know this as well. That’s what makes this situation even more sickening. To put these guys through the grinder for no reason truly shameful and tarnishes the Office of The States Attorney.
Some of you who read this might know Mike and Danny and most of you probably don’t. This situation could have happened to anyone of us on the job. I for one will be standing shoulder to shoulder with them through this and giving all the support I can because they have done that for me and would do the same for anyone on the job.” (4/17/2008 11:25:00 AM)
I wrote these words in April of 2008 with a very heavy heart. After all these many months leading up to the trial and seeing these men going through all that they did, I have to say, Mike and Danny have carried themselves though all of this with an immeasurable amount of courage. These two gentlemen carried themselves to every court appearance with there chins up no matter what kind of shit was thrown their way. As I said before and I feel it needs be restated Mike and Danny are two of the finest Policemen on the job, two of the finest gentlemen I know, and I feel very lucky to have them as my friends.
I would also just add one thing. Before this shit storm hit I was lucky enough to work with you guys from time to time. In the future, if I’m lucky enough to work with you guys again it would be like it has been, my great honor.
Fred Hasenfang
Is this Epstein running for judge the same one who defended Mearday. And was he at Skokie where most cases if not all involving police testimony were routinely SOL.
No guesses please, only if you know.
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Ya ... it might be that guy.
1/29/2010 01:05:00 PM
He is the same guy.
All ASA's go to jail. No courtesy whatsoever. Oh, and I "dont recall shit" from now on. Anita get back on the cart and peel me a mango.
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I prefer a corn cob w/ mayonaise and paprika .... who the hell thought up that one?
Looks Like the boys are getting their shit back..........It's well overdue
Why no story about Fiorito not being charged by CCSAO?
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