Alleged "Bad Acts"
From the "where there's smoke, there's fire" method of prosecution:
- Cook County prosecutors on Thursday said they will ask a judge to consider other "crimes and bad acts" allegedly committed by a Chicago police commander who faces indictment on charges of using excessive force.
An attorney for Cmdr. Glenn Evans said in court that she believes prosecutors will try to bring out misconduct alleged in nine separate lawsuits against Evans in their criminal case against the police veteran.
Usually something like this is brought out at sentencing as an aggravating factor. But we've seen Drew Peterson get convicted via assorted hearsay evidence that he probably killed at least one of his other ex-wives.
- Prosecutors in murder or sex cases often file a motion to admit other crimes or uncharged conduct allegedly committed by the defendant. If granted, it allows a judge or jury to consider the defendant's past actions when determining the likelihood they committed the crime for which they are on trial. Once filed, a judge would hold a hearing to determine if the alleged actions are relevant and would be more helpful in finding the truth than prejudicial to Evans.
"What it signals to me and to most defense attorneys is their main case is weak so they're trying to bolster it with other stuff," said Evans' attorney, Laura Morask.
Prejudicial is a good description:
- The Tribune has reported that Evans has been the subject of at least 50 complaints since 2001, but he has never been disciplined except for a two-day suspension. According to the newspaper's analysis of department records since 2006, Evans had far more complaints than anyone else of his rank and topped all but 34 officers for the entire 12,000-strong department.
In a Cook County courtroom, this is going to be quite a show.