Broken System
- Two years earlier, Pantoja was accused of fondling a young relative, showing her pornographic images on his cellphone, laying on top of her in a van and refusing to let her leave, according to court documents.
In that case Chicago police asked for a felony review of charges from the Cook County state's attorney's office after Pantoja allegedly "touched the victim uninvitingly on various parts of her body," including her buttocks, and made contact with her breasts, the arrest report states.
That request was denied because of conflicting statements from the victim and because prosecutors were not certain they could meet the statutory requirement of proving Pantoja had experienced sexual gratification, said Dan Kirk, chief of staff for State's Attorney Anita Alvarez.
It isn't really up to prosecutors to determine if the statutory requirement is met - that's a determination for a jury to make once they hear all of the evidence presented. It's a legal nuance lost on those who don't spend time in court, but symbolic of a "we know better than a panel of citizens" prevalent throughout liberal thinking.
That's statement is an admission by Kirk that the State's Attorney "tries" each and every case prior to an actual trial. It means that the State's Attorney is more concerned with a conviction rate than actually trying cases. You can see that in the next paragraph:
That's statement is an admission by Kirk that the State's Attorney "tries" each and every case prior to an actual trial. It means that the State's Attorney is more concerned with a conviction rate than actually trying cases. You can see that in the next paragraph:
- Chicago police then charged Pantoja with misdemeanor domestic battery. The state's attorney's office later dropped that charge in exchange for a two-year order of protection.
The State should be more concerned with allowing a jury to hear the evidence and render a verdict than with campaigning and bragging about a conviction rate. Plea-dealing everything down to lower charges, time served, or orders of protection undercuts the entire process. Criminals see no deterrent in the system, victims are victimized by the criminal and then by the system, police are frustrated by the revolving door, the political wing isn't held accountable for errors/miscarriages, the list goes on.
Broken.
Broken.
Labels: county
posted by SCC at 12:01 AM
46 Comments:
Very we'll said. Amen.
I don't agree that every thing that can be charged as a felony should be taken through that long process, only to have the defendant found not guilty.
But what is more troublesome is that the prosecutors did not take the second case, the one where Sullivan found no probable cause, to the grand jury for indictment. I've seen that happen before, so we can only wonder if the ASAs weren't paying attention. But I do think they might do so now.
After seeing countless cases not charged as felonies due to either incompetence or laziness its about time these issues came to light. Its too bad it took a child being brutally attacked to bring them to light. Reminds me of the joke what do you call an attorney that graduates last in his class a John Marshall junior college? An ASA.
Just another example of why felony review should be done with. Charge to the elements not on the ability to convict. Only 2 counties in the state have it Cook & Rockford.
It seems that the Cook County States Attorney bent over backwards to shitcan any case against this serial rapist...Who is his Clout?
notice how this bullshit comes across.
dot every 'i'. cross every 't'. we're not sure about meeting statuary requirements, etc, etc...
however when it comes to the mayors agenda such as gun control and the constitution or perhaps the pensions and the constitution. eff that shit.
just ram it though time after time after time
blowing tax payer money on lawyers trying to write laws and playing word games within the laws.
why can't we elect law makers that either understand the constitution or has someone on their team that understands the constitution and the laws so that when they write a law it sticks.
nope, let's enrich the city's law firms instead creating challenge after challenge trying to shove laws down peoples throats that they do not want and then calling it a democracy or democratic process.
constitutional protections my ass.
like running out city inspectors one after another when some friend of the aldermen or mayor wants your property. they dont care what the law says at that point just keep harassing the people with violation after violation.
protection under the rule of law. what a bad joke that is. these political hot-shot criminals are picking and choosing the winners and losers.
they are public servants -- not royalty. damn it.
Anita in madigans back pocket with looking to climb higher chicago machine. Who gave who campaign money?
States Attorneys are ELECTED not APPOINTED. In order to get re-eleced they must show his/her efficiency in putting bad guys away, and they have to show a "Conviction Ratio or Conviction Data" based upon trials heard in all their courts. If it ain't a smoking gun case forget about it.
States Attorneys bring out their adult conviction numbers in order to get re-elected. Try calling Felony Review and ask for felony Charge where it's a big love thang, FORGET ABOUT IT. Is the supposed felony charges being brought regarding some "love-triangle"? Again...FORGET ABOUT IT. Domestic Felonies are almost NEVER approved.
Was victim and offender out smoking weed and drinking a selection of one of California's amusing (or anyone else's) table wines? FORGET ABOUT IT.
Was this a dispute over money/dope/pussy that got outta hand? Again.....FORGET ABOUT IT.
The system needs changing. Trying cases over the phone is a disgrace and makes the whole system weak and unworkable.
Fuck HEY MEDIA IDIOTS...... how long have we been bitching about this, how long have detectives been bitching about felony review???? Get off your asses and act like reporters
We have the state judicial system that the political big shots want. As long as one particular party runs the state, nothing is going to change.
No shit ! Welcome to cook county pal.
pffft.
...The neighboring states of Illinois and Wisconsin have taken very different paths in their campaigns for sales tax fairness and have come to two unexpected results.
Illinois enacted an aggressive affiliate nexus law in 2011. The Mainstreet Fairness Act (Illinois Public Act 96-1544) required online retailers that maintain relationships with marketing affiliates located in Illinois to collect sales taxes on customer purchases and remit their collections to the Illinois Department of Revenue.
At the time, the Illinois Department of Revenue estimated online retailers operating in Illinois were failing to collect between $153 million and $170 million annually.
Despite the fanfare over the tax fairness law, IDOR has no data demonstrating the law actually brought new revenues into state coffers.
“We have no actual data because it doesn’t come in separated by whether it is an online merchant or a bricks-and-mortar merchant,” IDOR spokeswoman Susan Hofer told Bloomberg BNA. “There is just no way to know. There is no red flag on it that says ‘this is an online purchase.’ ”
Hofer noted that the law did cause some remote sellers to become regular tax collectors. In total, Hofer said about two dozen online retailers began collecting sales taxes for the first time. Notably, however, Amazon was not on the list. Shortly after the law was enacted, Amazon severed all of its relationships with Illinois-based affiliates.
Illinois lawmakers and tax administrators were stunned in October when the Illinois Supreme Court voided the law after finding that the federal Internet Tax Freedom Act (ITFA) preempts the state from imposing a prohibited, discriminatory tax on electronic commerce (Performance Marketing Assn. Inc. v. Hamer, Ill.,No. 114496, 10/18/13).
Hofer said the state is considering its legal options, with an appeal likely.
http://about.bloomberglaw.com/law-reports/states-see-little-revenue-from-online-sales-tax-laws-keep-pressure-on-congress/
yeah, dumb ass illinois politicians are like wholy shit .. the federal Internet Tax Freedom Act (ITFA)... what the fuck is that...
wait.. it preempts the state from imposing a prohibited, discriminatory tax on electronic commerce.
oh well, the taxpayer can just pay the court cost and for the lawsuits that will likely follow. nice tool this supreme court stuff is to enrich our friends isn't it.
the lawmakers are not doing their jobs and the taxpayers end up paying for their incompetence.
you'd think that if illinois was going to pass a new law with regards to taxing internet transactions that someone would contact their party brothers in washington to find out if there are any conflicts... but no..
just throw shit together and let the supreme court and billion dollar law firms sort it out and rake in the bucks using this ponzi scheme.
how much does this cost illinois each time illinois politicians creates a supreme court challenge and then loses only to try to do the same thing over again eh.
appeal...appeal....appeal
rawhide
head 'em up, move 'em out.
Study: More Moving Out of Illinois Than Moving In | NBC Chicago
www.nbcchicago.com/.../Study-More-Moving-Out-of-Illinois-Than-Mo...
6 days ago - Illinois holds steady at the number two spot nationally after falling from the top spot in 2011.
[just like detroit.
amd it's showing up in the illinois bls labor force data with a drop in the labor force size of about 100k over the last 12 months ]
join the facebook group.
llinois Sucks- Let's Move Out of State! | Facebook
https://www.facebook.com/.../Illinois...Move-Out-of.../11680527502788...
Illinois Sucks- Let's Move Out of State! 473 likes · 70 talking about this. Enough of Illinois, and Chicago in particular. Why do you continue to live there?
THIS IS NOTHING NEW!several times in my career i had to apologize to shaking ,crying victims after positively identifying agg crim sex asslt offenders in line ups that the asa would not approve felony charges!even with prior sex offense convictions and prison time!so sad!!
"Anonymous said...
Just another example of why felony review should be done with. Charge to the elements not on the ability to convict. Only 2 counties in the state have it Cook & Rockford.
1/09/2014 12:27:00 AM
_______________
I am so tired of hearing this.
You are wrong.
Lake County Has Felony Review
DuPage County has felony review
I just provided two more examples. I am not going to spend all day looking them up for you.
Other counties have it and use it besides Cook and Rockford.
Can we now stop with the we are the only ones who do this or that? Quite a few have felony review. You now know of at least four.
If you research you might find more and realize that you are wrong and be quiet about the issue.
I have been going to branch 23-2 (misdemeanor court) for over a YEAR for an obstruction charge. Same judge has been presiding over the case since the beginning. You talk about a broken system, the system is not broken it is fubar'd.
I am an attorney who practices with the State's Attorney as opposing counsel (non-criminal matters). The ASAs live in fear every day because ASAs are fired if they lose even one trial, no matter how weak the evidence was.
It's "Probable Win" not "Probable Cause"
ASA's are not your friend. They pander to the lowest common denominator which is their silly conviction rate in turn victims never really see any kind of justice. They are a joke her in Cook County, may they need to go out to Dupage and see how real states attorneys operate.
One more thing stop asking for my cellphone when I'm in on a case, you need me call the station or send me another notification.
011 2nd Watch DOG
I'm gonna say something that is gonna piss some cops off: stop locking up individuals for weak 1 or 2 bag "approach for F/I" dope cases. If cops didn't clog prelims with mostly illegal, way beyond a Terry stop dope cases, the ASAs would have more time for common law crimes like rape, burglary etc. Don't get me wrong, I'm a huge proponent of drug police work and do it myself, but these weak cases screw up the calls at prelims and waste time and money
perfectly said. this system has been broken and is still broken. these kinds of stories need to be made more public for the rest of the citizens to know. as we all know the media keeps the truth from us to fit a politician's agenda. there are plenty more stories where this came from. i am disgusted to be linked with this type of corruption. i want to remind those who are not police reading this blog that those corrupt assholes are the ones with the final say when we need felony charges approved. so when you get legitimately robbed and they want to make it a theft just remember it has nothing to do with us. they need to lie to make themselves look better as if there so-called "strategies" work when in reality they do not.
The Cook County justice system failed this 15year old victim. Something needs to change before another person is victimized by an offender and the circus we call a justice system. How do these people look at themselves in the mirror? They should be ashamed of themselves. SHAME!!!
Ok I'm sure Laura Marie Sullivan knows not one lick of Spanish. Obviously this witness spoke clearly enough in english to get as far into the hearing as they got. So, when she asked for an interpreter, one of 2 things happened: Judge didn't believe that she needed one, or she didn't want to wait around until somebody found one. All this other bs is bs; people get let go every day and re-offend, this pervert just did it on a grander scale than most.
Anonymous Anonymous said...
rawhide
head 'em up, move 'em out.
Study: More Moving Out of Illinois Than Moving In | NBC Chicago
www.nbcchicago.com/.../Study-More-Moving-Out-of-Illinois-Than-Mo...
6 days ago - Illinois holds steady at the number two spot nationally after falling from the top spot in 2011.
[just like detroit.
amd it's showing up in the illinois bls labor force data with a drop in the labor force size of about 100k over the last 12 months ]
join the facebook group.
llinois Sucks- Let's Move Out of State! | Facebook
https://www.facebook.com/.../Illinois...Move-Out-of.../11680527502788...
Illinois Sucks- Let's Move Out of State! 473 likes · 70 talking about this. Enough of Illinois, and Chicago in particular. Why do you continue to live there?
1/09/2014 02:10:00 AM
i agree. i am not a facebook member but i am also trying to leave this shitty city. i would urge the rest to do so as well because chicago is garbage, corrupt and full of savage criminals. politicians lie all the time and media assists in keeping the truth away from us all. but it is impossible to keep the truth away from us all in this day and age. it still shouldn't forgive the constant attempts that are made to keep us in the dark and potentially put us in a dangerous and financially-stressed situation in the future. fuck chicago and this state.
Very well said. Indeed a Broken system that fails everyone trying to live in a civil society. This system is designed for $$$$$$ money to the political groups and suffering and fear to a normal citizen!
What happen to a jury listening to cases. Even a bench trial has its horrible results with backroom deals....
Did Eugene Mullins ever get sentenced yet? No news.
Felony Review is the "Problem" and it is not something written in stone it was planted on us in the late 1960's, and the public does not even realize that it in essence gives the accused a mini-trial before he is even formally charged. If the Public realized that a Victim is investigated, even using their Social Security number, remember I am saying the Victim is run through the background process and he or she must be deemed a "Good Victim" before the Asst. State's Attorney, who is usually someone who did not do well in law school or has a relative who got them the job, decides to charge the offender. I once had a robbery victim reduced to a battery because the girl had been a runaway has an adolescent. The Asst. State's Attorney said she would not make a "Good Victim". I guess despite the millions of dollars for tuition reimbursement, we are not smart enough to read or understand the law. Cook County Justice.
Felony review 1 county out of an entire country? It's just wrong. They only approve charges if they will win. Total bull! Any media types monitoring? look into it!
Sissy chicago media in bed with the politicians!
I have posted this before,but no one seems to feel this is and issue. We need ASA's in a career position. We need to pay them well, with benefits, and pension. In short, make the job a professional choice, not a stepping stone. We need qualified people, not political pals relatives. This I feel would be a great start to professionalism.
12:18
In regards to the first debacle. What if this were YOUR daughter. To molest a child and get away with an order of protection! Fuck right should have rolled the dice. God knows how many more Pantoja's are out there. Bet the truth would raise a few eyebrows. Even among the leftists.
Anonymous said...
It seems that the Cook County States Attorney bent over backwards to shitcan any case against this serial rapist...Who is his Clout?
1/09/2014 12:36:00 AM
Who is HIS clout? Anita Alvarez is the ASA
Anonymous Anonymous said...
It seems that the Cook County States Attorney bent over backwards to shitcan any case against this serial rapist...Who is his Clout?
1/09/2014 12:36:00 AM
There's no clout there. It's a liberal catch 22.
Let me explain. Liberals are mentally diseased. They are incapable of logical thought. All they have are feelings and guidance from socialist masters.
The socialists gave them a list of who is a minority. Blacks, Hispanics, gays, the handicapped, illegal aliens.
Now the problem comes when you have multiple choices. Is he Hispanic and does that outweigh handicapped?
What's the pecking order for the libtard mind to follow? Does gay trump black? Does handicap trump Hispanic? Does illegal Hispanic handicapped trump Hispanic victim?
It's mind boggling for the poor bastards! They can only go with their best feel good feelings.
Here's one that'll make their brains explode. A biracial, transgender, handicapped illegal alien with a stutter versus a black gay preacher in a wheelchair.
Can you just see their frustration?
Late 90's my partner shoots an offender inside of a vehicle after the offender kicks my partner in the arms, causing nasty bruises, while pulling on my partner's gun, attempting to disarm. Offender flees with a through and through and is caught 3 days later. Offender admits putting hands on my partner's gun (horrible rap sheet and well known brutal felon in ours and adjoining districts). At trial the JO asa tells us he's going to knock it down and offer a misdemeanor resisting plea. This was a bench not a jury. I jumped out of the chair and started screaming at him. Offender was convicted of attempting to disarm. I'll never forget this f---ing asa.
Retired
It's simply a good business practice; following the requirements of a cost effective business plan very much like Compstat. Justice must make way for economic efficiency.
You may or may not agree with the individual charging decisions, but the idea that you just charge and let the jury sort it out (i.e., not the prosecutor's call to decide whether the statute is met) is just hogwash. The prosecutor ethically must be persuaded that the case is provable or it must never go to a jury. Somebody above though asked the right question on Pantoja: Why a prelim, why no grand jury, and why was the victim put on the stand to be cross-examined?
So? What else is new. this has been going on for many years, long before Alvarez. If anything, she has fine tuned the process. I agree with the writer that felony review should either be eliminated or curtailed. It is not a law and the city does not have to go along with it.
Guys arrested who decide to wait in Cook County say murder is the easiest cases to beat, they will rather wait 3-5 years in County because people either forget details or they have a visitor while the perp is locked up.
2. Court is not like TV, you do not even get a chance to speak at all, more on that later but that is key to how backwards Cook County works. Most of the time the judge does not even look at you
3. Cook County is supposedly a holding facility but the guards bring in real food for their favorites, even allowing them to use cell phones and have sex. Fact.
Now as for me, after my case was handled, I got two years probation, and had to pay a fine. Done. Fast forward 10 years later I am at the main police headquarters attemping to get my record expunged I am arrested for a warrant. I found this odd because I have done nothing wrong. Just so happen the cop arresting me flashes a piece of paper in front of me, it is regarding my old case. Thought I attended public school I can read. Looks like someone did not properly indicate that the probation was successful. So my conversation goes like this, will someone simply call my probation officer and this can be cleared up? This happened on a Friday around 1pm. The cop responded, not my job, our job is to hand you over to the County. Okay fine.
I do not get a phone call period, and in the station holding facility I request to get some medicine. The cop on duty is pissed off and gets his partner, they place me in leg irons and shackles and take me to the hospital, through the front to get my medicine. Bear in mind my conviction was non violent. While at the hospital the cop is laughing as he handcuffs me to the bed. The entire time I am calm knowing this will be cleared up soon.
Next day I am at the County. Finally I can tell the judge my situation and go home. Wrong. I am not allowed to speak, even though I tell the states attorney what happened, I am yelled at for attempting to speak. No bond as well. Hmmm, even rapists get a bond. Another hearing is scheduled. Now remember all phone calls have to be collect, since everyone has cell phones I cannot make calls.
Second hearing which is a few days later I see the judge who handled my original case. She curses at me, I am not allowed to speak again and given another court date, still no bond. This time I try to beat the system. I make friends with someone locked up, he allows me to speak to his sister, I get a message to a friend who calls my probation officer. Next hearing the judge then says okay it is cleared up, but no apology. By now I have spent two weeks in County. Seems like a short time but it is hell. Court is over at 930am but I am not released until 3:00am.
Anonymous Anonymous said...
Anonymous said...
It seems that the Cook County States Attorney bent over backwards to shitcan any case against this serial rapist...Who is his Clout?
1/09/2014 12:36:00 AM
Who is HIS clout? Anita Alvarez is the ASA
1/09/2014 10:40:00 AM
Well, since you're nitpicking, Anita Alvarez is the SA, not the ASA.
ASA's are not your friend. They pander to the lowest common denominator which is their silly conviction rate in turn victims never really see any kind of justice. They are a joke her in Cook County, may they need to go out to Dupage and see how real states attorneys operate.
One more thing stop asking for my cellphone when I'm in on a case, you need me call the station or send me another notification.
011 2nd Watch DOG
1/09/2014 07:37:00 AM
Brings back some memories. 99 per cent of cops were great to work with. Then along comes the stroke like this to ruin everyone's day.
Long gone ASA
Felony review is done in all collar counties. Differnce is, they actually approve on PC. Cook is a joke. Didn't notice til I left the city. Go downstate or out of state nd you would be amazed they let you charge.
They only want dead bang winners. Cowards.
It's all about numbers, we have been dealing with this for years. They ask themselves, can we win ?
. By now I have spent two weeks in County. Seems like a short time but it is hell. Court is over at 930am but I am not released until 3:00am.
1/09/2014 03:47:00 PM
Kinda makes you wish you hadn't become a criminal in the first place, eh? Sorry we didn't make life easier for you, Mr. Criminal. We will try harder next time. I promise.
I have been going to branch 23-2 (misdemeanor court) for over a YEAR for an obstruction charge. Same judge has been presiding over the case since the beginning. You talk about a broken system, the system is not broken it is fubar'd.
Shut up Ranger! Judge Chevere hasn't even com close to a year in 23-2. Make up some shit somewhere else.
Anonymous said...
. By now I have spent two weeks in County. Seems like a short time but it is hell. Court is over at 930am but I am not released until 3:00am.
1/09/2014 03:47:00 PM
Kinda makes you wish you hadn't become a criminal in the first place, eh? Sorry we didn't make life easier for you, Mr. Criminal. We will try harder next time. I promise.
1/10/2014 06:06:00 AM
Please go back to your pissers and drinkers. You obviously are too muddled by mindless police work to understand the point of this post. And no, I didn't write it.
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