Threats Are Now OK
Local TV reporter Jay Levine was found not guilty of misdemeanor assault Friday for a brief verbal tussle with conservative commentator William Kelly during an interview of Rahm Emanuel.
During a short hearing in the Cook County court at Belmont and Western, Judge Geary Kull noted that Levine didn’t raise a fist in the incident, which was recorded and is available on YouTube.
Though Levine said he was going to “deck” Kelly, Kelly’s behavior was “not indicative of an individual who reasonably feared Mr. Levine would strike him,” the judge said.
It doesn't really matter what Kelly "reasonably feared." Maybe he, like many others, figured he could take a punch from Jay Levine and sue for millions. We'd be willing to take that hit if it came down to it. What matters is that an assault took place, it was recorded and a judge said it didn't matter at all. That's called "precedent" and now becomes a legit defense for all sorts of people who threaten officers and citizens on a daily basis.
Thanks for nothing Judge Geary Kull.
Thanks for nothing Judge Geary Kull.
Labels: dumb ideas, media
posted by SCC at 12:05 AM
62 Comments:
Maybe when J-Fled gets wind of this injustice he will refer the case to the U.S. attorney.
Kull is a fucking asshole. Thank god for the south side police he is up north, but bad for the north side citizens.
I plead the Jay Levine defense.
I have to remember that just like the Charlie Rangel tax defense.
Or the Charlie Sheen, "I had a bad night and I'll pay for the room damages" defense.
I think there is some truth to the statement "Those who have some celebrity get the court's leniency and those who don't - Justice will be served."
Geary Kull made a living for years defending the GDs on the North Side, police hater of massive magnitude.
Earlier this year I locked up two brothers for domestic battery with their live-in landlord. They were both really drunk and threatened my partner and I several times saying "we're gonna fuck you up, etc." So we ended up charging them with simple assault. When I went to 555 the ASA tells me the victim is there but doesn't wasn't to pursue it and the judge in cbc found no pc for the assault and threw it out.
Jay Levine and the station he works for can still be sued in civil court. The proof is there. They will surely pay for that case to go away. Sue him and the station.
fuckin judges that fuck with so much by the way they slap writs
What about Let em Go Leo Holt. Thank God he's finally off the bench. What about Judge Linn or Fleming at 26th just to name a few. These people are anti-police, liberal and pro-scumbag. Their rulings make you want to vomit.
A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.
As much as I can't stand Jay Levine (an idiot and clown) I can see why he got an NG. Was the victim in reasonable apprehension of receiving a battery? Thats the key issue and it seems the judge felt otherwise. Just making a threat is not enough to convict though it would have been nice to see.
FYI: Judge Kull is a P.O.S. before he became the "honorable" Judge Kull, he was a defense attorney for the Black P-Stones, and in particular, the Underwood family who control drug sales in several locations on the southside.
come on SCC, please the judge was right, watch the video, at what point was Kelly in fear of receiving a battery? This was complete B/S arrest, only a 2 1/2yr tac guy would lock Jay up for assault...
there was no assault. the victim has to be in fear of receiving a battery, and if you watch the tape, the victim shows no fear. judge made right decision even if Levine is a piece of shit.
No...it really does matter!! The law is very clear on this point. An assault victim must be "reasonably in fear of receiving an imminent battery". In other words, the fear must be reasonable and the battery must be imminent. This was an excellent call by the judge. However, I don't disagree that in this case, the victim was willing to receive and was encouraging said battery.
Your elected/appointed CROOK county judges in action....
That sure looked like an assault to me...
Judge Kull's resume: He was the former private attorney for all the VICE LORDS arrested on the northside. He would appear in court with a hillbilly ponytail , jeans , and with a fake cane. Total POS!
Oy what a shandra.
Just another pathetic example as to why at election time, we all need to vote no to retain every judge on the ballot. The incompetency and total lack of common sense with this decision and others of its ilk, is truly frightening.
If it were the judge Jay was barking at, he would've thrown the book at him. I guess the only ones the law applies to are those who administer it. Everyone else...stand the fuck by.
Typical Kull BS. That guy is such slime.
Sorry, SCC, this was a BS case from start to finish. No judge was going to convict Levine based on that tape.
While I'm glad no one was actually knocked the fuck down or out while that segment was taping, that radio reporter definitely had it coming. I'm no Rahm fan, but that radio reporter was openly hostile and disrespectful.
Hi Cop,
Love your blog. Keep up the good work.
I think you're wrong about this interpretation. If the victim doesn't know something is a threat an assault hasn't taken place.
This doesn't excuse Mr. Levine's actions. He seems to be foolish enough to let a professional agitator get under his skin but what he did isn't criminal.
Mr. Kelly seems to be a fan of frivolous lawsuits aimed at increasing his popularity. Just thought that it was worth pointing that out.
You should reread your criminal code - an assault requires that an individual is placed in reasonable fear of receiving an immediate battery. If a "victim" is not in "reasonable fear" then an assault has not occurred. The Judge was right and far too many police reports are incorrectly written.
Did yo baby daddy have his fists raised when he done say he finnah kick yo ass?
No?
19P
AHHAHAHHAHAHAHAHAHHAHAHAH
Judge Geary Kull=on the take
My memeory is fuzzy, but I thought there had to be a step in furtherance of the assault.
Been a long time since the academy, though.
I agree with the Judge's decision. Levine acted like a jagoff, but made no physical move. Also Kelly acted like an uber Jagoff. In a court battle between two jagoffs the lesser jagoff should win.
I hope you jagoffs understand my jagoff comment.
I think this Judge made the "just" decision. Similarly Judge Gainer made a creative yet "just" decision in the Jefferson Tap criminal case.
We praise a Judge one day for getting creative and criticize the next day.
Almost sounds like how everyone second guesses every decision a cop makes in the heat of a moment.
what about the assault in the 017 district all on video. OFFICER ON OFFICER!! THATS SOME CRAZY SHIT..
That's called "precedent" and now becomes a legit defense for all sorts of people who threaten officers and citizens on a daily basis.
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SCC, I disagree with your statement here.
Legal precedent is not be established in the lower court, the appellate and supreme courts establish precedent. Assault cases are abundant in the appellate courts and this Judge chose to ignore the particular cases that would have convicted Levine.
If the prosecution is competent and they appeal this decision they could be successful by citing the appropriate cases to establish guilt.
Actually this isn't any new definition for assault. Verbal threats alone are NOT enough legally for an assault. An assault requires actions that place another in reasonable apprehension of receiving an imminent battery. It pretty much requires a swing and a miss. Words alone have never been enough. Also conditional threats are never assaults. ("If you don't move, I'm gonna kick your a@@.").
the statute should say : upon hearing the threat assume the position of cowardly lion.
Sorry to disagree with you on this one, but the judge is right. There generally has to be an "act of furtherance" as well, such as shaking a fist, or going and picking up a board, or reaching into a pocket, something. Many years ago my FTO taught me that when handling an assault and making an arrest always place the threat into the report and the step that person took to bring it up to an assault.
Who the Christ cares?? It's a freakin' Class C misdemenanor. Many of the posters are correct...a threat to inflict violence is not enough.
Freakin' first-timers on this board!!
The next time an officer tells a reporter to get away from the crime scene or he"ll "deck him"....well, I guess it's OK. There better not be a complaint filed, nothing. Move along, nothing to see here.
Put an end to absolute immunity for attorneys and judges and watch how things change!
Fear is a state of mind. Was the judge able to read the mind of Mr.Kelly? Hmmm.
If Jay caught a cop on tape doing this he would be first in line to testify against him/her and would push for firing the PO.
This is a perfect example why I voted no for retention of all Judges.
Hi Cop,
Love your blog. Keep up the good work.
I think you're wrong about this interpretation. If the victim doesn't know something is a threat an assault hasn't taken place.
This doesn't excuse Mr. Levine's actions. He seems to be foolish enough to let a professional agitator get under his skin but what he did isn't criminal.
Mr. Kelly seems to be a fan of frivolous lawsuits aimed at increasing his popularity. Just thought that it was worth pointing that out.
Thats MR. Cop to you mr. Shmekel(sp)
The "victim" is a d-bag, He was looking for a confrontation and Levine bit. As obnoxious as the Chicago media is ( I can't stand them!)I will give Levine the fair shake that they never give us and say this scenario was too scripted by that guy to be a true assault.
Come on! We all know Jay Levine doesn't have the balls to back up his hollow threat. It's like your seven year old sister threatening to "whip your butt". The guys a laughing stock.
Allright enough YOU ALL STOP TALKING ABOUT ME OR I'M GONNA DECK YA !!!!! Jay Levine
Just another pathetic example as to why at election time, we all need to vote no to retain every judge on the ballot.
I do, every time, but it never works. They all come back, like foot fungus.
I don't think judges should be elected at all. I think a year or two of judgeship should be an obligation for all who have a license to practice law. Like jury duty; your name is picked, you serve. Costs you money? Tough. Its just a year or two out of a lucrative career for the benefit of the society you are supposed to be serving.
Under this system we would get a judiciary that is a cross-section of society. Some will be great, some will suck, most will be OK. Which would beat the hell out of the current crop, who have been selected for by a system that selects for venality or incompetence, or both.
It's not called "precedent," it's called reasonable doubt. This doesn't in any way effect the ability of officers to arrest anyone for assault based on probable cause. It's the same defense to an assault charge that they've been using for years. It didn't become a legit defense, it IS a legit defense.
The real crime here was Rahm Emmanuel told the media "No Questions" after he called them to photo his hand shaking event. The obedient little servants complied and then verbally attacked the only one with balls to ask a question. Liberal Media in the tank
on recent occassion,i had Kull finding of no p/c to 2 felony resistings(1 po still iod),agg batt-po,et al..a/s/a related afterwards that Kull is frmr 'defense atty' and anti-police.
the only person that can say if the victim was in fear of receiving a battery is the victim----Assault should be a cut and dry case---"Victim, were you afraid you were going to receive a battery???" "Yes, your honor I was" GUILTY!!!! This is bullshit!! The thing is NO ONE gets convicted of assault in Crook County for first time arrests---NO ONE!! its ridiculous! Ask any of the ASA they will tell you this in a heartbeat!
there was no assault. the victim has to be in fear of receiving a battery, and if you watch the tape, the victim shows no fear. judge made right decision even if Levine is a piece of shit.
11/20/2010 03:05:00 AM
I hope you aren't actually the police.
The term in "fear of" doesn't mean you are afraid and crying, you numbskull. It is synonymous with you believe *whaterver* is going to happen. If I tell my old lady "I fear it may rain tomorrow" it doesn't mean I am shaking in my boots and hiding. Good God, cops can be the most bullheaded people sometimes. As well, I believe ILCS states "reasonable apprehension of receiving a battery".
Now come back and explain how Kelly didn't look apprehensive, he looked very sure of himself.
Sheeeeesh.
Hey Jfed you spineless fuck, how come you didnt hold a press conference congratulating CS and reinstating his police powers.
This ruling may or may not have been be correct, but Kull is still anti-police POS. End of story
Jay Levine is an inveterate shit-end...
He should be homeless and living under an abandoned rail trestle based on his "reporting" skills.
Remeber that name "GEARY KULL" kwhen it's time to vote for judges.
Its sad when there are people like Geary Kull appointed or elected as a judge. This man walks around the Daley Center as if he is above everyone, especially police officers! This guy was a slimy defense attorney who thought he would better himself by helping those who commit crimes go free! I watched this man actually find a man not guilty on one of the goofiest defenses I have ever seen! I have a lot of respect for the defense attorney who put on this case. The defense attorney even thought his clients story was wacky, but once he saw judge Geary Kull he knew the victory was just around the corner! The saddest part about bad judges, such as Geary Kull, is that they are promoted faster for poor or absolutely crazy rulings. Just sit in any 4th floor court room @ the Daley Center on any given day and you will come to understand the grief felt by hard working officers every day!
I still can't believe that Judge Geary Kull has not been put in front of a judicial review panel. He treats assistant States Attorney's like garbage (cuz he's a former defense attorney) and will never ever in a million years (unless video is avail) believe a single word that comes out of a police officer's mouth (aka "not guilty"). Remember his name for retention next time you vote for Judges....VOTE NO FOR GEARY KULL!!!!
If Kelly was "reasonable apprehension of receiving a battery," why didn't he say so to the PO on scene? There's at least one bike patrol clearly visible in the frames after Levine's comments.
What ever happened to that out of state guy that was brought to chicago because he made a threat to daley. Just a waste of tax payer money.
It's been legally confirmed: Jay Levine is pussy you can't be afraid of. Seen the video, he also is a douchebag who appeared to want to suck Rahm's balls.
Sean said...
Hi Cop,
Love your blog. Keep up the good work.
I think you're wrong about this interpretation. If the victim doesn't know something is a threat an assault hasn't taken place.
This doesn't excuse Mr. Levine's actions. He seems to be foolish enough to let a professional agitator get under his skin but what he did isn't criminal.
Mr. Kelly seems to be a fan of frivolous lawsuits aimed at increasing his popularity. Just thought that it was worth pointing that out.
11/20/2010 07:40:00 AM
________________________
Hi Sean, you're a liberal retard.
If it were an officer that said he would deck you, you would be calling for his job and filing a civil lawsuit of your own...
Double Standards. #34 in the Liberal Playbook
How do you equate this as precedent regarding assaults on Police Officers?
"The real crime here was Rahm Emmanuel told the media "No Questions" after he called them to photo his hand shaking event. The obedient little servants complied and then verbally attacked the only one with balls to ask a question."
William Kelly is a commentator that pays for his airtime on WIND, just like the erectile dysfunction advertiser. He has NO Media Credentials.
Anonymous said...
This is a perfect example why I voted no for retention of all Judges.
11/20/2010 11:33:00 AM
So did I but all of them were retained.
If you want to see a judge dumped in a damn hurry, let that judge piss off John Daley or Ed Burke.
Faster than shortshanks can spend TIF money that judge will be back in private practice lickity split.
But give numerous false or dubious judicial decisions, fail to adhere with the law, prove again and again your own judicial incompetence, you will keep your judges robes.
As long as you continue pay homage to the Regular Democratic Party of Cook County, do what you are told and don't divorce your clout, you're in.
Here are some actual quotes from judge wannabes appearing before the powerful slating committee:
"I have been very loyal to the Democratic Party," she says. "I have worked on many campaigns. I've . . . contributed to some of the campaigns."
Nodding to Illinois House Speaker
Michael Madigan, she says, "Mr. Madigan, let's see here, Mayors Daley and Washington, [Cook County Board] President John Stroger. I was President Stroger's special events coordinator twice on his campaigns."
“I have worked with [County Board President] Todd Stroger on his campaign. I have been very
loyal to the party. I have circulated petitions. I have passed palm cards in the bitter cold. I have driven seniors back and fourth to vote on Election Day. I have helped tally the votes on Election
Day. I have even served food to workers on election day. Nothing has been too great or too small for me to do.”
---
Basically you become a groveling whore if your clout isn't strong enough. If your clout is Corboy & Demetrio, don't worry, you're in, no need to act like a fool like the others.
"William Kelly is a commentator that pays for his airtime on WIND, just like the erectile dysfunction advertiser. He has NO Media Credentials.
11/21/2010 01:56:00 AM"
that's about the strongest recommendation in favor of Mr. Kelly that you can make.
Sorry, SCC, this was a BS case from start to finish. No judge was going to convict Levine based on that tape.
While I'm glad no one was actually knocked the fuck down or out while that segment was taping, that radio reporter definitely had it coming. I'm no Rahm fan, but that radio reporter was openly hostile and disrespectful.
11/20/2010 07:34:00 AM
You're stupid. And if you wear a badge, your dangerous as well.
You don't make a Threat to Hit someone. Period.
**If the prosecution is competent and they appeal this decision they could be successful by citing the appropriate cases to establish guilt.**
Clearly, you know nothing about the law. The prosecution cannot appeal a "not guilty." The constitution doesn't allow DOUBLE JEOPARDY.
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