Thursday, April 29, 2010

How Drunk Were the Dead?

Even John Kass gets into the act, never once asking what the media have glossed over for more than two years now:
  • What was the BAC of the two deceased traffic offenders? Where is the video of them pounding beers or shots or fizzy mixed drinks?
We've never been ones with the blinders on here. We've never declared Ardelean to have been sober. We've lambasted plenty of other drunks for the damage they cause and the embarrassment they bring to this city, this Department and the legions of men and women who do their jobs and go home to their families.

Drunks killing drunks is a tragedy to one side or the other all the time.

But we don't just charge the survivors. And we don't just throw probable cause, decades of established court procedure and historical precedent to the trash heap of history because one party happens to be a police officer, despite the recent history of the Cook County State's Attorney's Office.

And we'll also point out that this story was never ever about justice for the dead. This entire incident was about revenge, using the court system as the hammer. Judge Gainer made a decision that no one was going to be happy with, but the decision to err on the side of caution is one of the unfortunate byproducts of our system of government. Did the system fail? We cold name dozens of crooked politicians who got off on technicalities, rapists who walked free, killers released who went on to kill again - there's an entire trail of carnage that can be laid at the feet of the justice system. But it's what we live with.

We've said it here many times - we aren't above the law, but we certainly aren't below it either.

Labels:

72 Comments:

Anonymous Anonymous said...

All true, but when you have Daley's boy as your lawyer in Cook County, you can expect good results.

4/29/2010 08:08:00 AM  
Anonymous Anonymous said...

Well said, SCC!

4/29/2010 08:22:00 AM  
Anonymous Anonymous said...

SCC-We've said it here many times - we aren't above the law, but we certainly aren't below it either.

No, we are not but we certainly are held to a higher standard than normal citizens. Like it or not that fact is true. We all signed on with an oath. We are trusted with an important duty of enforcing the laws which involves taking away the most important right of every citizen, their freedom. With this responsibility we are expected to be above reproach. I wasn't at the scene of the crash nor at the station later and can't speak about the facts of the case, but in general Police Officers must start to realize that DUI is not going to be tolerated as some might say it has been in the past.

4/29/2010 08:36:00 AM  
Anonymous Anonymous said...

TOTALLY AGREE! How come nobody every says anything about the other driver in this case who blew the stop-sign and was supposedly drunk?

4/29/2010 08:42:00 AM  
Anonymous Anonymous said...

SCC, you are missing the point. The hearing was about probable cause to arrest. It was NOT about fault for the two deaths. That was not an issue up for decision at this hearing, but it's the one you care about. Why don't you try to defend the denial of probable cause ruling the judge made? You can't. Real science and chemistry tells us JA was intoxicated at the time of the arrest. But you want him to sue McGruder and take his house away. Come on, man. Kass is not the enemy, don't alienate the guy.

4/29/2010 08:51:00 AM  
Anonymous Anonymous said...

Why doesn't someone ask Lt. McGrudder that question? Oh Thats right he just wants to go after the blueshirts, even if probable cause does NOT exist. Enjoy federal court lieutenant!

4/29/2010 09:10:00 AM  
Anonymous Anonymous said...

You make a few good points. I just hope you sing the same tune the next time that the a rapist, murderer, etc. gets off on a 'technicality'.

I won't hold my breath waiting for that to happen.

On a daily basis you lamblast the judges/juries/prosecutors in this town for letting scumbags walk free on 'technicalities'. And I agree with you when you criticize those tragedies. But this case is no different.


Call it what you will, but this 'police officer' just got away with killing another innocent human being.

He's no differnt than the scumbags that get off scott-free each day on 'technicalities'
John Kass is 100% spot-on...as he usually is.

Show just a hint of integrity by admitting that it's wrong when these types of rulings are made, even when the offender happens to wear a CPD badge.

4/29/2010 09:24:00 AM  
Anonymous Anonymous said...

What is the law on forcing a blood draw at the hospital?

4/29/2010 09:26:00 AM  
Anonymous Michael said...

What if they where drunk too? Well that can come up in the trial. What cannot come up is Ardelean's DUI because of a decision that seems very suspicious.

4/29/2010 09:40:00 AM  
Anonymous Anonymous said...

The outcry over this will lead to legislation requiring on-scene field sobriety tests being required for all parties in a fatal accident.

4/29/2010 09:56:00 AM  
Anonymous Anonymous said...

Your assuming the officer was drunk. Video of him drinking and time of day. The video is after the fact. Try using just time of day as PC. There is a process. Plenty of people are successful in completing field sobriety even though they are probably over .08. Add the fact 99% of coppers hate DUI'S. This outcome is what should of been expected. If we are going to assume the officer must of been drunk because it's 3 in the mornining then we must assume the dead were also drunk. If thats the case they both share responsibility. Imagine if it were the other way around. I bet charges would never have been filed. It would just be a tragic mutual drunk accident.

4/29/2010 10:04:00 AM  
Anonymous Anonymous said...

The judge made the right decision on the facts that he had. Period. I am not a traffic guy and in 23 yrs I have written 1 DUI. But I am a policeofficer and everybody that is the police knows that this case was screwed up from the begining. The fact that the dead driver was drunk is a huge part of why he is dead the passanger is dead because BOTH drivers were drinking. If the other driver wasnt drunk he would have taken the breath test. No two ways about it. The 1st phone calls he made are not to 911 but to the bar.........
Both drivers are respnsible one lived one died ,,,,,,,,,,,,,,,,,,
If the case would have been done the correct way from the beginning I don t think the other driver would have walked away from 26th st.

4/29/2010 10:14:00 AM  
Anonymous Anonymous said...

As I understand, the two fellows in the other car had been drinking. Also that the driver failed to stop and pulled infront of the police officer's vehicle. Why has this not been brought out? I beleive in the police

4/29/2010 10:14:00 AM  
Anonymous Anonymous said...

As drunk as the living.

4/29/2010 10:27:00 AM  
Anonymous Anonymous said...

I believe they ruled that it was the other vehicle that ran the stop sign as well, NOT the off duty copper's. Maybe I'm wrong on this one but it seems that if the at fault vehicle sustained the injuries, wouldnt that make their injuries THEIR fault regardless of the condition of the other driver?

4/29/2010 10:44:00 AM  
Blogger fatfred said...

How many civilians will or have gotten a pass when arrested after a wreck?? The same kind of Fed oversight you rail against is used all over the country when the local courts are widely viewed as corrupt.

4/29/2010 10:53:00 AM  
Anonymous Anonymous said...

Do not drink and drive and none of this happens...we are all hypocrites at one time or another.But it's no longer a case of poor judgement or a mistake.WE should know better!Everyone knows at one time or another after having too many and getting in a car the first thought is...if I get stopped i'll show the button...well after all the bad press and coppers going to jail...we should know , that right or wrong we are held to a higher standard and regardless if we like it or not when it happens we are crucified.Were the two drunk?..yeah more than likely.But what does that matter now?It's not going to change anything,even if it were to be reported..WE are still wrong.Wake up people! Everyone is out to get us...the media,politicians,citizens and even the job.It's not right or fair,but it is reality and it's not gonna change...ever.The days of going out till 4am to places like Ira's,Mikes,Dugans,Grand Central to hang out and blow off steam are over!!!We bitch and moan about how unfair this city and dept is to us..and they are, but month after month..year after year we give them ammo in one way or another to hang us.We cannot change the way things are until WE change some of the behavior that was once overlooked or acceptable...cause NOBODY gives a flying fuck about us working without a contract or getting unfairly punished for doing the job..when we fill the papers with off duty bullshit.
Be safe and go home to your loved ones.Cause that is all that really matters.

4/29/2010 10:58:00 AM  
Anonymous Anonymous said...

The cop has to be wrong,he's a White cop. We all know that ALL White cops are out of control and evil, and the news media shows this everyday.

4/29/2010 11:10:00 AM  
Anonymous Anonymous said...

Even if they were drunk - which there is not a shred of evidence for (talk about speaking ill of the dead) - that doesn't change the fact that the officer broke the law and should be held accountable.

4/29/2010 11:44:00 AM  
Anonymous Anonymous said...

The hard part to explain to civilians is the concept of probable cause.
This video and cell phone history was obtained days AFTER he was arrested.
Lt. M could not reasonably explain what the probable cause was to arrest him.

Now, what the media doesn't cover. There was a civilian witness to this accident. There was also the brain box from A's vehicle. And what, no accident reconstruction or diagram to accurately inform the public. And wasn't there a Lt on the scene for hours who left the ball (of shit) in Lt. M's hands?

If he was John A the plumber, this wouldn't even be in the news.

Hey Kass and Konkol, spend a career at 26th Street and watch how the legal process works.

4/29/2010 12:03:00 PM  
Anonymous Anonymous said...

OT...Hey downtown..you know all those free events we having been doing for you at the drop of a hat? all the free volunteer time we have given up? no question asked? well GFYS..Lead stick its over..LIFM

4/29/2010 12:26:00 PM  
Anonymous Anonymous said...

Good question SCC. One I'm afraid will go unanswered. However, one side effect to this situation is it has opened my eyes to the realization that no matter what I do on this job, I'm wrong. So, with that said, from this day forward I will never, ever give anyone a break.

I won't sandbag anyone, but neither will I give them the benefit of the doubt.

Break a traffic law, get a ticket. I get a call to come to your house, someone is going to jail. Baby mama don't want u locked up but wants u out, you get locked up on MY signed complaints.

The public does not trust us ? Fine. Every and all laws and codes get enforced to the letter.

4/29/2010 12:45:00 PM  
Anonymous Anonymous said...

bye-bye J-Fled, bye-bye J-Fled, bye bye J-Fled, we're glad to see you go.

4/29/2010 12:53:00 PM  
Anonymous Anonymous said...

Said before, and said again. Fuck John Kass. He's not for the police.

4/29/2010 01:05:00 PM  
Anonymous Anonymous said...

We have a justice system for a reason. Just because you Dont like the decision you have to abide by it. This was adjudicated in a court of law. And I'm glad that someone finally brought up the fact that the driver of the other car on top of being drunk also was at fault. And since blog comments are nowbeing quoted in papers if you weren't there or don't know what you are talking about then stfu. No one ever proved that the PO was drunk. So quit speculating.

4/29/2010 01:35:00 PM  
Anonymous Anonymous said...

I was unaware of the officers first two phone calls.

As the kids might say "that's whack".

Just as in the Jefferson Tap verdicts Judge Gainer seemed to stretch the facts and law to reach what he considered a "just" decision.

Ultimately, that's what judges should strive for. Justice.

Now in this case Ardelean may have got off because of bad initial police work. He should have had his blood drawn right away. He didn't. I suspect the power of the clout somewhere or perhaps the on duty cops just fucked up. It happens.

I do know that the States Attorney should not have brought the charges based on the evidence as it was. Sometimes you just have to walk away.

If things had been done correctly from the beginning it's possible Ardelean would have been found guilty of DUI, but not responsible for the accident.

The only thing I'm sure about in this case is that the family members of the deceased who attacked the court employees should have been charged. Being upset and pissed off is not an excuse for attacking someone. Tom Dart should do the honorable thing and turn in his toupee.

4/29/2010 01:35:00 PM  
Anonymous Anonymous said...

Once again, they line up in droves to bash CPD. It's not even funny anymore, though I think the Cougar story last year takes the cake. The people of this shitty City HATE the Police (on all fronts). What I do on this job I do for myself. If it's not my family, friends, other Officers, or other police family members then I don't give a Flying Fuck!

KMA... good Citizens of Chicago!

4/29/2010 01:38:00 PM  
Anonymous Anonymous said...

No...I guess you can say that you are not above the law, however, I am learning more and more from the police about how to skirt the law. The next (not) I get stopped for drunken driving,I will not blow. Or if i do, I'll wait at least seven/eight hours to do so, so my blood levels will be within legal limits. Yes, you are not above the law. We don't expect you to be. Never. But, we are learning more for all of yous.

4/29/2010 01:48:00 PM  
Anonymous Anonymous said...

THE REASON WHY THE ACCIDENT OCCURRED:

The mopes blew the stop sign on the side street as they drove onto DAMEN AVE.

That's when the copper hit them.

NOTHING good happens at 3:00 in the morning.

4/29/2010 01:56:00 PM  
Blogger NorthSide said...

ANNIE: A TRIBUTE TO A REMARKABLE WOMAN

Check the Crimefile News link on the SCC blog links for "Hollywood is in A Creative Depression" Be sure and scroll down to the video of the beautiful CPD lady smiling outside the old Area 6, 3801 N. Damen Ave. Annie's beauty went far beyond skin deep.

To know Annie was to love her. We lost her at age 53 to cancer. I was assigned to Area 6 Homicide-Sex when that photo was taken. Despite all our efforts, we couldn't put away "the Friday Night Rapist". Annie did it for us (permanently) and was awarded the Award of Valor for her heroism. Annie was so much more than a heroine. A modest soul, she preferred not to discuss her role in ending the life of Robert Ellis who had terrorized the North Side.

Don't let that smiling sweet face mislead you. Ellis learned for all eternity that Annie was nobody to fuck with.

Great memorial, Paul Huebl. Sadly, dear Annie's story is NOT "politically correct" these days among Hollywood moguls.

God bless you, Annie!

4/29/2010 03:21:00 PM  
Anonymous Anonymous said...

It's a bizaare world when Tom Needham, Daley's former "Masters" at the CPD is now OUR defense guy, getting coppers acquitted left and right. Are we really sure that we hate clout after ALL?

Just checking.

4/29/2010 03:35:00 PM  
Blogger SCC said...

Ben,

We're going to spare you the embarrassment and humiliation and the wrath of our readers by pointing out you're mixing up two cases. You are completely in the wrong and way out in left field. We've deleted your comment.

Try reading up on the cases before going off half-cocked.

4/29/2010 03:47:00 PM  
Blogger NorthSide said...

Bill Cozzi phoned this morning. He has already received nearly a hundred birthday cards, his birthday being tomorrow April 30. You don't realize what your cards and letters mean to Bill. He was on the verge of tears in gratitude just knowing you guys care. It's not too late. Even if he doesn't get your card until next week, it will convey an unspoken and unmistakable message.

A donor who prefers to remain anonymous contributed $200, half to the Gold Star families, the rest to Bill's prison commissary fund.

Typical Cozzi. He declined the $100 asking that it be donated to the Police Memorial Foundation.

In a way, Bill's a lovable jerk. My blood boils when he still refers to that cowardly weasel cocksucker as "Superintendent Weis".

Please send Bill a birthday card. Better late than never. Your mail gives him the strength to endure his hellish ordeal.

We're still waiting for the BOP to clear visitation priveleges (with Holy Communion) to the nuns from Lafayette. Inside, Bill told me he has not even been notified of the request of the good sisters.

With the likelihood of an extraordinarily violent summer approaching, Bill keeps the safety of his brothers and sisters in his prayers.

We still await the written opinion of the Seventh Circuit Court of Appeals. Pray.

4/29/2010 03:48:00 PM  
Blogger Ben said...

Something you never see on the internet, an apology. Sorry.

4/29/2010 03:56:00 PM  
Anonymous Anonymous said...

Anonymous Anonymous said...

Even if they were drunk - which there is not a shred of evidence for (talk about speaking ill of the dead) - that doesn't change the fact that the officer broke the law and should be held accountable.

4/29/2010 11:44:00 AM

He would of been you retard if the State didn't push for felony DUI. Juan ran the stop sign and got smashed. It was Juans fault and he's dead, justice is served.

4/29/2010 04:53:00 PM  
Anonymous Anonymous said...

Even if they were drunk - which there is not a shred of evidence for (talk about speaking ill of the dead) - that doesn't change the fact that the officer broke the law and should be held accountable.

Hey Dumb Ass!! Where did you get the evidence which indicated that the Officer was under the influence? Were you on scene?...Do you keep a breathalizer in your trunk...because The good Lt Did'nt seem to have access to one until nearly 8 hrs Later... I Got Your Breathalizer!!!

4/29/2010 05:05:00 PM  
Anonymous Anonymous said...

Call it what you will, but this 'police officer' just got away with killing another innocent human being.

Get your facts right!
Innocent human beings were driving drunk they blow the stop sign and struck the Officers vehicle, They were the striking vehicle they killed themselves, THEY CAUSED THE ACCIDENT>

4/29/2010 05:22:00 PM  
Anonymous Ancient Motorman said...

Wow. What a group of loser cop haters are posting today. Jealousy is a powerful emotion. So is idiocy.
*********************************
Quote: Call it what you will, but this 'police officer' just got away with killing another innocent human being.
**********************************
The officer did not "get away" with anything. The drunk gangbanger committed suicide by motor vehicle by running the stop sign.

4/29/2010 05:32:00 PM  
Anonymous 018 and life said...

Sorry, but I agree with Kass.

Yes he should of mentioned the BAC of the dead guys, but I don't think it's ever been released yet. At this point, that part of it is still rumor as far as I know.

I know several people at the scene that night. Kass isn't stupid, he knows exactly what is going on. So do all of you. Sometimes we mess up. There but for the Grace of God go I! I'm a little older and whole lot wiser now, but Lord knows I could have been in JA's shoes many times in the infancy of my career.

All this blowhard defending of JA and making the Lt out to be the devil incarnate makes us ALL look really stupid. Personal responsibility seems to be lost on this Department, from the very top on down.

4/29/2010 06:16:00 PM  
Anonymous Anonymous said...

I don't have a problem with Kass. The driver was brought into the station but was NOT under arrest for a DUI. Procedures were not followed. The Lt. cannot wait 7 hours to arrest him for DUI. Probable cause did not exist. It was a false arrest.

4/29/2010 06:23:00 PM  
Anonymous Anonymous said...

The outcry over this will lead to legislation requiring on-scene field sobriety tests being required for all parties in a fatal accident.

--You can't force someone to do field sobriety tests. Just like you can't force them to give breath or blood.

4/29/2010 06:25:00 PM  
Anonymous Anonymous said...

What is the law on forcing a blood draw at the hospital?

--Cannot be done without a search warrant in Liberal Cook County.

4/29/2010 06:25:00 PM  
Anonymous Anonymous said...

Hey new MSF/TRU detailers - hope you enjoy all 180 days of your awesome 90 day detail!!!

4/29/2010 06:53:00 PM  
Anonymous Anonymous said...

How about the fact that the police attempted to get felony charges approved and they were denied by the SA who stated that the only reason she was there was because the offender was a cop? How about the fact that this case went to court once before? You can't blame McGruder. He did what he thought was right and he can't be faulted for it. He is a nice guy who wouldn't hurt anyone. By the way, if this is a big cover-up, where did they get the tape at the bar? From the police investigation, thats where. Wake up everyone. At this point it is not about justice it is about setting up the civil part of the case. This was a tragedy. A lot of people have suffered. A lot of people have learned lessons. Move forward.

4/29/2010 07:32:00 PM  
Anonymous Anonymous said...

The cop has to be wrong,he's a White cop. We all know that ALL White cops are out of control and evil, and the news media shows this everyday.

4/29/2010 11:10:00 AM

Right on! Remember the black off duty PO who is on video at a CTA station shooting a dude in the head, for no reason? What did they do with him? Made him a meritorious detective! Did they indict him on state charges? No. Federal charges? No. They promoted him for executing an innocent man.

4/29/2010 07:33:00 PM  
Anonymous Anonymous said...

not only did they not have alcohol in their systems, they also had cannabis in their systems, they were not wearing seatbelts. The survivor was wearing a seatbelt. Maybe if they were a lot less careless they would be alive today.

4/29/2010 07:33:00 PM  
Anonymous Anonymous said...

I know this is off subject, so please bear with me. As a member of the Patriot Guard I feel that this needs to be posted. It's very important to me as a retired vet, and an CPD officer. Thank You

The Patriot Guard has been invited to assist with a Welcome Home for a wounded Chicago Police Officer. The story of our hero is lengthy but worth telling, he is not only a hero but a true miracle. On May 18 of last year Sgt. Medina was stationed in southeastern Afghanistan when mortar rounds started to explode around him. He ran to a building on his military base for safety, unfortunately a helicopter was taking off during the attack and a violent downdraft from the rotors caused the building to collapsed. An iron I-beam landed on Medina crushing his neck, pelvis and foot and left the Sgt. with no feeling below his neck. His initial diagnosis from the doctors said he would be a quadriplegic and for a short time it appeared the Doctors were correct. .

MSG.Medina , who is a 17 year veteran with the 333rd Military Police Company and an 11 year veteran of the Chicago Police Force was determined to prove the Doctors wrong. About 6 weeks into his recovery he started tapping his middle finger on the bed and the progress continued. In November of 2009 he was extending his arms, making a fist and walking with a cane. Sgt. Medina hopes to return to the Chicago PD but for now he is concentrating on his recovery as well as inspiring other soldiers whose injuries are even more serious.

Please joins us as we stand with Sgt. Medina's fellow Police officers , his military unit and the Midway USO to make this the welcome Home he deserves. The escort will be taking Pedro to his home where more CPD will be waiting to great him. When speaking with the USO we joked about wearing your Sunday best, for us that's a clean black tee shirt , so pull on pair of jeans and come on down, we're bringin' home a miracle man..

DATE:
Friday, April 30, 2010

LOCATION:
Midway Airport Loading dock( there is room for a small number of bikes and cars, others will be directed to park in the cell phone lot)

STAGING:
10:00 am

BRIEFING:
10:15 am

4/29/2010 07:34:00 PM  
Anonymous Anonymous said...

MY QUESTION........

WHO WAS THE STREET DEPUTY THAT NIGHT??

It seems to me he dropped the ball in not determining SOONER if the officer was drunk?

What gives???

4/29/2010 08:50:00 PM  
Anonymous Sad America has lost its way said...

No, we are not but we certainly are held to a higher standard than normal citizens. Like it or not that fact is true.

I bought into that bullshit previously, but anymore it doesn't hold water. I don't have any further loyalty to be "better" than anyone else, when the citizens are clamoring to renege on the contract I agreed to years ago and try to "reform" my pension, and give me no raise "just like in the private sector".

I took this job partially for security and a reasonable retirement, as policing is a relatively young man's job.

I also thought part of the demand to be "better" than others, to be held to a "higher standard" was a reciprocity that recognized my sacrifice, my shitty hours, my dangerous occupation, my kissing my kids goodbye, and meaning it every time, because you just don't know. I felt that joe citizen, even though he got angry and let me have it when he got a ticket, honestly appreciated what I did and recognized it with a reasonable pension, usually a bit more generous and a bit earlier than in the private sector.

Well, any more this isn't true. It's not just Shortshanks and the 50 thieves in the city, even the supposed "appreciative citizens" in the good neighborhoods and the suburbs have shown their true feelings. Check "proillinois.com", (if you can stomach it). A trio of wealthy suburbanites, out of touch with what we face and do every single day, that loudly proclaim that we are paid too generously, have retirement we don't deserve, and are sucking the teat of big government like leeches.

Wow. This really opened my eyes.

You want it you got it, citizens. But no more both ways. No more do I sacrifice and give and miss holidays, parties, kids special days and stay up all night and sleep all day. No more rolling maggoty corpses to find a suspicious wound just because its the right thing. Its really much easier to turn my head and ignore the mutts in the suspicious car than take a chance of stopping them and being injured or sued.

You can't complain any more, you can't say I'm ignoring my oath. Because you are ignoring yours. You abandoned us. You want to pay me like the private sector, you want to remove my benefits, cut my pay, steal my pension? Then you have absolutely no right any longer to claim that higher standard because its a charade.

You want your police to be an hourly employee rather than a position of honor? You got it.

I'm done.

You, in your collective comfortable beds in safe and quiet neighborhoods make me sick. Let's see how safe they stay, when the beast finds out that you've stopped me from caring. When the beast realizes that the squad behind him is going to turn into the gas station for coffee and not light him up. When it discovers that he can prowl the neighborhoods with impunity because we aren't anything special, we're just cops, and we have finally realized society doesn't give a shit, and begrudges us the slimmest of reward for voluntarily confronting the beast in harm's way rather than just looking the other way.

Let's see.

4/29/2010 09:34:00 PM  
Anonymous Anonymous said...

A police officer cannot compel or force a motorist to give blood or blow into a breathalyzer machine. The only time courts see that a motorist gives implied consent is when the motorist in in the hospital and unconscious. Other than that the motorist can refuse any or all field sobriety tests. Refusal results in a six month suspension of your driving privileges. That beats a DUI conviction anytime,never blow or give blood(police or civilian).
Why did it take six hours to make him blow? Could it be it took that long to conclude the criminal investigation of the case? Now the administrative part of the case began and the officer was told to blow administratively or lose his job. The officer blew and it was less than .008 bac. That's the only reason the state had a reading and up until now the administrative blow reading was never allowed/admissible into a criminal case. I think that is unconstitutional and should be challenged. So the judge felt there was no probable cause on the scene to justify a DUI arrest and like we all know all the fruits of a unlawful arrest are not admissible in a court of law. Like it or not, drunk or sober, police officer or civilian, or life or property loss, the law is the law. It happens in court rooms all over the U.S. everyday, no conspiracy here because he is a cop.
I just read a article that went all the way up to a State's Supreme Court. It involved a concerned motorist calling 911 and reporting a possible DUI driver. A officer observed a vehicle matching the description and plate number given. The officer began to follow the vehicle and observed the vehicle driving at a slow rate of speed, stopping several times in traffic, and not proceeding when a traffic signal turned green. The officer felt he had enough probable cause to initiate a traffic stop. During the course of the stop the officer made his determination the driver was DUI and made the arrest. At trial the motorists attorney filed a motion to suppress the arrest on the grounds that the concerned citizen was not a expert on DUI to call 911 and make that report and that the drivers actions were not enough to warrant probable cause to conduct a stop for suspicion of DUI. The court granted the motion and the arrest was thrown out. The state appealed the ruling all the way to the States Supreme Court and they affirmed the lower courts ruling. They then filed with the SCOTUS and they denied to hear the case. Bottom line is that REGULAR CITIZENS regularly get off or convictions overturned on technicalities. Was this officer drunk? Were the victims drunk? I suspect both parties were drunk and played a roll in that tragic accident. But that doesn't erase constitutional laws that protect us from illegal arrest or bullshit administrative rules. Sorry for the rant.

4/29/2010 09:47:00 PM  
Anonymous Anonymous said...

all of you people on here need to stop supporting JA.. I dont mean you have to turn your back on him at all or stop being his friend but get him help.. stop yelling and cheering that he "beat his case".. we are not ghetto thugs who celebrage getting away with a crime...let alone getting away with it when two people were killed.. there are no winners with this..JA is gonna get sued and pay a ton of money.. the rest of his life he is going to have to pay these two families. these two families are gonna have to deal with loosing thier son weather they were drunk or not or gangbanger or not... JA was wrong and the other two kids were wrong.. all involved were drunk... and yes, JA WAS DRUNK! you need to spot glorifing the fact that he got away with it.. I dont like when we are made to be fools in the media because of people doing stupid crap off duty. you and me both know that JA had to get arrested that night without question.. even the thought or least bit of suspicion of dui with two people dead he has to get charged...JA, you need to get help.. you need to stop drinking... this is your wake up call.. you could be sitting in a cell with j. casper from 005 who killed two kids in tinley dui.. you should be with him to have learned your lesson.. your very lucky this whole thing was screwed up from the beginning.. if your gonna drink and do stupid crap off duty be prepared to face the consequences... im a blue shirt and proud of it and people like ja, finnegan and co and abbatte make me puke and make me embarrested to be a chicago police officer... your not chicago police officers, your children with badges who dont know how to act.

4/29/2010 09:59:00 PM  
Anonymous Anonymous said...

Anonymous said...

The outcry over this will lead to legislation requiring on-scene field sobriety tests being required for all parties in a fatal accident.

4/29/2010 09:56:00 AM

But what if someone doesn't want to do the tests.....which happens all the time. WHAT GOOD IS SUCH A LAW THEN?

This whole mess stinks like fish left out in the sun, but the judge did the right thing...he followed the law.

4/29/2010 10:30:00 PM  
Blogger Outspoken Detective said...

I don't know who was drunk? But the fact of the matter is as police officers, we are supposed to be above reproach. I can't throw rocks because in my early career I did the same thing. Luckily i always made it home safe. But the fact of the matter is this isn't 10-15 years ago with the department. Every time you get drunk and drive you are putting your job and freedom in your own hands. If you want to go out and get shit faced fine. Have someone drive you home or take a cab. You not only ruin your life, but your family's also. This is not something that just came up. We have ex-cops that are doing time in jail for this. do what you want, but have the sense to know when you are too impaired to drive. None of us are superheros. As far as John Kass, he has always stuck up for us when it was the right thing to do. Don't blame him for this. Yes we back each other up, but there is a limit to what anyone can turn a blind eye to. If you're family was in the car JA hit, would you be so quick to turn a blind eye. Remember we are judged as police for everything we do on or off duty. Everytime something like this occurs, it reflects on every member of the department. As I said, I don't know the circumstances of what occured that night, but I do know it could have been avoided if JA was in the wrong. Start thinking of the consequences of your actions before you do something. Hindsight is 20-20. Think before you act. If you don't it can cost you everything you have worked for, including your freedom. We are not below the law, but the truth is WE ARE NOT ABOVE IT. Remember the oath you took, before you do something stupid that turns into a tragedy.

4/29/2010 10:39:00 PM  
Anonymous Anonymous said...

shut the f*&k up 8;36am!

4/29/2010 11:05:00 PM  
Anonymous Anonymous said...

OT: On Saturday, February 27th, 2010 at approximately 2100 hours, Trooper Starlena Wilson was injured when a driver on her cellphone crashed into her on the Dan Ryan Expressway while on a traffic stop.

She suffered a fractured pelvic bone, a fractured femur and compound fractures of both the fibula and tibia bones in both legs. She is facing months of recuperation and physical therapy.

The Illinois State Police has established a benefit fund on behalf of Trooper Starlena Wilson to help her deal with the financial burden associated with this serious event. No contribution is to small. I am Trooper Wilson's Lieutenant and any assistance you could offer would be greatly appreciated.

To make a donation by check, please make the check payable to "Starlena Wilson Benefit Fund" and mail to the following address:

Illinois State Police Credit Union
C/O Starlena Wilson Benefit Fund
730 Engineering Avenue
Springfield, IL. 62703

http://www.facebook.com/group.php?gid=392537423507

4/29/2010 11:10:00 PM  
Anonymous Anonymous said...

If you are Joe the Plumber and get arrested, you don't get fired and can't EVER be a plumber again.

If we are "Held to a higher standard"

WHEN AM I GOING TO BE PAID FOR IT?

What COP lives in all of those fancy condos all around downtown?

We are SO far down the rung on the ladder financially but always HELD HIGH A HIGHER standard....

I got 2% you have have 2% effort.

4/29/2010 11:18:00 PM  
Blogger 12GA. said...

SCC,

I spoke with John Kass today, and he regretted not expressing that the deceased were either drunk or high...or both.

4/29/2010 11:25:00 PM  
Anonymous Anonymous said...

"Sorry for the rant.

4/29/2010 09:47:00 PM"


not a rant, but a well written explanation of reality.

4/30/2010 12:32:00 AM  
Anonymous Anonymous said...

Even if they were drunk - which there is not a shred of evidence for (talk about speaking ill of the dead) - that doesn't change the fact that the officer broke the law and should be held accountable.

4/29/2010 11:44:00 AM

Wrong on all counts. They were drunk. They ran the stop sign. They were the cause of the accident and not the officer. I repeat - THEY CAUSED THE ACCIDENT. Its tragic but it was the running of the stop sign at a T intersection into a thru street that was the main cause of this accident.

4/30/2010 12:55:00 AM  
Anonymous Anonymous said...

One other thing...Paco the driver didn't even have a license.

4/30/2010 03:08:00 AM  
Anonymous Anonymous said...

On a daily basis you lamblast the judges/juries/prosecutors in this town for letting scumbags walk free on 'technicalities'. And I agree with you when you criticize those tragedies. But this case is no different.

I disagree. This case is different. Why did the other vehicle blow the stop sign? Was the driver of that vehicle intoxicated? At anytime did medical personnel draw blood from them and test for alcohol or any other substance?

The reason I believe that this wasn't done was because the other driver involved was an off duty Chicago police officer and all attention was fixated on him.

Like SCC said, we aren't above the law, but we certainly aren't below it either.

Unfortunately we have to live with a double standard the fine citizens of this once great city have established for us; on one hand we are held to a higher standard, much higher than anyone could ever possibly attain. On the other hand, when there is just the slightest hint of impropriety, we are guilty until proven innocent.

5 more years and I'm out of here. When that time comes, I'll be content as I'm driving towards the city limits while watching the city burn in my rear view mirror.

4/30/2010 06:03:00 AM  
Anonymous Anonymous said...

http://www.facebook.com/group.php?gid=392537423507

Donations for Injured ISP Officer.

4/30/2010 10:38:00 AM  
Anonymous Anonymous said...

if the off duty cop had died and the gang banger walked on a technicality i think cops everywhere would be pissed. ja might be a great guy but he is not the victim. it probably wasn't his fault but 2 people died and he was probably drunk. it's not "they ran the stop sign now their dead justice served" nor is it poor persecuted john.

4/30/2010 01:34:00 PM  
Anonymous Anonymous said...

Anonymous said... Unfortunately we have to live with a double standard the fine citizens of this once great city have established for us; on one hand we are held to a higher standard, much higher than anyone could ever possibly attain. .....................Well driving sober isn't really that high of a standard.Its the law.Its expected of everyone.

4/30/2010 01:39:00 PM  
Anonymous Anonymous said...

Anonymous said...
Even if they were drunk - which there is not a shred of evidence for (talk about speaking ill of the dead) - that doesn't change the fact that the officer broke the law and should be held accountable.

4/29/2010 11:44:00 AM

Wrong on all counts. They were drunk. They ran the stop sign. They were the cause of the accident and not the officer. I repeat - THEY CAUSED THE ACCIDENT. Its tragic but it was the running of the stop sign at a T intersection into a thru street that was the main cause of this accident.

4/30/2010 12:55:00 AM

Stop with the BS.

The Dodge Durango driven by DA was NB at approx. 75mph. No fault there I suppose. He t-boned the car causing two deaths. How about everyone stop trying to make JA out to look innocent, there is blame to spread around on both sides.

Did anyone see the death car? I did, it was struck by the Durango at a high rate of speed and literally torn apart. Where was the accident reconstruction? I forgot, it was done by CPD so that is no good at all, probably lost already.

No drivers license, OK, that means they should die? JA drinking water shots? Right. First call was to the bar to talk with the owner. That might not be my first call, perhaps 911 would be in order, he was a police officer after all and was obligated to seek aid for any injured parties.

Kass is right, like the cops or not, being a cop or not, the thing stinks. I am fielding questions on this every day because my shirt is blue and my unit designator says Belmont. I can't in good conscience offer any excuse whatsoever for JA. It was very obvious to anyone who saw the scene what happened.

Better stay silent than to keep on claiming innocence. JA will still pay plenty, civil suits are still to come and he still might get fired.

And it was on Thanksgiving morning, does anyone think JA will ever again have a Thanksgiving Day and not think about that? I hope not, not if he is a decent human being. It would surely bother the hell out of me and I never go 75mph or even 60mph on a surface street. Even with blue lights.

A fucked up deal all around and the CPD loses even more credibility.

4/30/2010 04:03:00 PM  
Anonymous Anonymous said...

Anonymous said...
MY QUESTION........

WHO WAS THE STREET DEPUTY THAT NIGHT??

___________________________________
What planet have you been on. There haven't been street deputies in over a year.

4/30/2010 04:32:00 PM  
Anonymous Anonymous said...

Anonymous said...
Anonymous said...
MY QUESTION........

WHO WAS THE STREET DEPUTY THAT NIGHT??

___________________________________
What planet have you been on. There haven't been street deputies in over a year.

4/30/2010 04:32:00 PM


What planet are you on? The accident in question happened very early on Thanksgiving morning, 2007. Two and one half years ago. Come back to earth now.

The street deputy was Pat McNulty.

4/30/2010 10:23:00 PM  
Anonymous Anonymous said...

JA,

will likely not be fired, man.

He beat it. It's a miracle.

The Tribune has an editorial on it today.

http://www.chicagotribune.com/news/opinion/editorials/ct-edit-cops1-20100429,0,1053234.story

It's a miracle.

It's pretty damn clear to anyone with half a brain what happened here.

JA was drunk.

The two dead guys were drunk.

Dead guys fuck up and JA slams into their car.

JA not criminally responsible for accident, but perhaps some degree of civil liability. Maybe if he hadn't been drinking he could have avoided the accident. Probably not.

After accident JA makes his miracle phone calls according to cell phone records.

On duty cops miraculously don't smell any booze on him. 7+ hours later the lieutenant, who so far is the only honorable person I've mentioned, orders the test.

JA hires Daley buddy Needham as his attorney. JA draws Judge "I used to work directly for then States Attorney Daley back in the 80's" Gainer. Wow, who woulda thunk it. What are the odds of that happening randomly?

Probably slightly better than the odds of certain groups of clout bunnies scoring near perfectly on promotion exams.

Is anyone really surprised at this?

I didn't really follow the case closely, but given those circumstances I wish I had placed a bet that Gainer would find a reason to toss the evidence.

As Kass said in his column ultimately the Lieutenant, who many of you have badmouthed, is the one who is really screwed out of this.

To Daley, Needham and dare I say the "Honorable" Judge Gainer said Lieutenant is just an expendable "Blue Shirt" with a bar on his shoulder.

........and so it goes

4/30/2010 10:57:00 PM  
Anonymous Anonymous said...

Civil suit? You have to be assigned at least 51% of the cause for the other party to prevail, and this one sounds like a huge 50/50. What will the family of the deceased do when that happens? Riot? Fuck them. They are hoping to hear the cha-ching and are going to be very disappointed when the cha-ching doesn't happen! Good luck to JA.

4/30/2010 11:16:00 PM  
Anonymous Anonymous said...

According to postings, the driver who was killed didn't have a driver's license.

If he had been obeying the law in the first damn place, by not driving, not of these m-fers would have anything to say at all.

Breaking the law shouldn't be a death sentence, but he put himself and his passenger into this position.

5/01/2010 12:09:00 AM  
Anonymous Anonymous said...

Anonymous said...
Civil suit? You have to be assigned at least 51% of the cause for the other party to prevail, and this one sounds like a huge 50/50. What will the family of the deceased do when that happens? Riot? Fuck them. They are hoping to hear the cha-ching and are going to be very disappointed when the cha-ching doesn't happen! Good luck to JA.

4/30/2010 11:16:00 PM


In law, nothing is certain but the expense.

5/01/2010 04:52:00 AM  
Anonymous Anonymous said...

Sad America has lost its way said...

No, we are not but we certainly are held to a higher standard than normal citizens. Like it or not that fact is true.

I bought into that bullshit previously, but anymore it doesn't hold water. I don't have any further loyalty to be "better" than anyone else, when the citizens are clamoring to renege on the contract I agreed to years ago and try to "reform" my pension, and give me no raise "just like in the private sector".

I took this job partially for security and a reasonable retirement, as policing is a relatively young man's job.

I also thought part of the demand to be "better" than others, to be held to a "higher standard" was a reciprocity that recognized my sacrifice, my shitty hours, my dangerous occupation, my kissing my kids goodbye, and meaning it every time, because you just don't know. I felt that joe citizen, even though he got angry and let me have it when he got a ticket, honestly appreciated what I did and recognized it with a reasonable pension, usually a bit more generous and a bit earlier than in the private sector.

Well, any more this isn't true. It's not just Shortshanks and the 50 thieves in the city, even the supposed "appreciative citizens" in the good neighborhoods and the suburbs have shown their true feelings. Check "proillinois.com", (if you can stomach it). A trio of wealthy suburbanites, out of touch with what we face and do every single day, that loudly proclaim that we are paid too generously, have retirement we don't deserve, and are sucking the teat of big government like leeches.

Wow. This really opened my eyes.

You want it you got it, citizens. But no more both ways. No more do I sacrifice and give and miss holidays, parties, kids special days and stay up all night and sleep all day. No more rolling maggoty corpses to find a suspicious wound just because its the right thing. Its really much easier to turn my head and ignore the mutts in the suspicious car than take a chance of stopping them and being injured or sued.

You can't complain any more, you can't say I'm ignoring my oath. Because you are ignoring yours. You abandoned us. You want to pay me like the private sector, you want to remove my benefits, cut my pay, steal my pension? Then you have absolutely no right any longer to claim that higher standard because its a charade.

You want your police to be an hourly employee rather than a position of honor? You got it.

I'm done.

You, in your collective comfortable beds in safe and quiet neighborhoods make me sick. Let's see how safe they stay, when the beast finds out that you've stopped me from caring. When the beast realizes that the squad behind him is going to turn into the gas station for coffee and not light him up. When it discovers that he can prowl the neighborhoods with impunity because we aren't anything special, we're just cops, and we have finally realized society doesn't give a shit, and begrudges us the slimmest of reward for voluntarily confronting the beast in harm's way rather than just looking the other way.

Let's see.

4/29/2010 09:34:00 PM

This is one of the truest and best posts I have ever read on this blog and I wholeheartedly agree with you. It is a shame that there will be innocent people who will undoubtedly have to suffer though......

5/02/2010 02:06:00 PM  

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