Justice System Hates Minority Victims

If you're a minority woman and a victim in Cook County, "don't expect justice" appears to be the message being pressed by the system yesterday:

• Stumbling over a defense attorney’s questions after revealing intimate details of a rape she said she suffered in August at the hands of a Belmont-Cragin man, a Hispanic woman testified in front of a Cook County judge last summer that she didn’t fully understand English.
  
  The attorney cross-examining the Spanish-speaking woman asked if it would be easier for her to answer with an interpreter, and she said, “Yes, please.” Instead, Cook County Judge Laura M. Sullivan asked the defense attorney to rephrase the question, and the Sept. 17 preliminary hearing continued, according to a transcript obtained by the Chicago Sun-Times.
  
  When it ended, records show, the judge found there was no probable cause and effectively dismissed a criminal sexual-assault charge against Luis Pantoja, 25. He was released from the Cook County jail the same day, authorities said, but on Tuesday, he was ordered held again in lieu of $2.5 million bail.

Seriously? The victim was so confused that THE DEFENSE ATTORNEY ASKED FOR AN INTERPRETER so the victim, the prosecutor's main witness, could appropriately answer his questions.

But the judge told him to rephrase the question and continue the questioning without getting an interpreter.

Pardon our French, but what the fuck? If the defense attorney recognized a problem, it is appalling that the judge didn't, let alone the ASA prosecuting the case.

Anita's Chief of Staff, the infamous Dan Kirk, is backfilling like there's no tomorrow:

• But Dan Kirk, chief of staff to Cook County State’s Attorney Anita Alvarez, said there seemed to be no need for an interpreter — despite the alleged victim’s interactions with multiple prosecutors — until that “blistering” cross-examination.
  
  “From what I can glean, nobody in that courtroom, you know, came to the conclusion that an interpreter was legitimately needed,” Kirk said.
  
  And at that point, he said, the judge was in charge of the courtroom.

And you can tell that the Cook County Court people are nervous because Chief Judge Tim Evans' people are making press releases:

• On Tuesday, the Cook County chief judge’s office said in an email that judges can’t comment on pending matters. It sent that note after the Sun-Times sought comment this week from Sullivan and her presiding judge.

The Sun Times actually got a transcript of the hearing:

• Public Defender: “Isn’t it true that you wanted to have sex with him and you wanted him to wear a condom?”
  
  Woman: “Yes.”
  
  PD: “And he did wear a condom, didn’t he?”
  
  Woman: “He didn’t.”
  
  PD: “He did not?”
  
  Woman: “No.”
  
  PD: “Then you wanted to have sex a second time; isn’t that right?”
  
  Woman: “No.”
  
  PD: “Did you have sex a second time?”
  
  Woman: “No.”
  
  PD: “You only had sex one time at the [relative’s] house?”
  
  Woman: “No. Never.”
  
  PD: “I thought you said that you did have sex?”
  
  Woman: “No, because I didn’t, that’s why I told my lawyer that sometimes I don’t understand because I don’t completely speak English. I’m trying to explain the best I can.”
  
  PD: “Would it be easier for you if you had an interpreter?”
  
  Woman: “Yes, please.”
  

You can't tell us that the entire cross didn't get fucked up by the phraseology that the Public Defender used in the opening line - "Isn't it true...." The rest of the cross examination was built upon that misinterpretation by someone who obviously knows very little English and is uncomfortable with the nuances of legal proceedings. Even coppers who end up on the stand regularly have to pause when the defense starts with double-negatives, blanket assumptions, "Isn't it true..." or "Would it be safe to say..." type questions meant to throw you off your stride. A foreign-born non-English speaking person wouldn't have a chance. In fact, that's exactly what happened:

• The woman later told the prosecutor she did not, nor did she want to, have sex with Pantoja in his bedroom. She said she didn’t understand the public defender’s question.

So now we find out that not only did Anita's people drop the ball, failing to have an interpreter on hand, the judge blew her responsibility to ensure that the proceeding was conducted properly and in manner to elicit proper testimony for a fair hearing.

You can tell that this one has the potential for a lot of damage to the political set seeing as how the State's Attorney and the Chief Judge have their mouthpieces out there front-and-center. A minority woman fell through the cracks due to the negligence of Anita's office (minority female), the judge (female) and the system (run by a minority chief judge). And another minority teen female paid a horrendous price.

We'll guarantee this though - that jagoff rapist is gong to have a proper interpreter versed in both Spanish and Sign Language at all of his hearings. Take it to the bank.