Not Surprising
To have an actual trial, you kind of have to have evidence - and this qualifies:
- A Cook County judge on Wednesday shot down an effort by a Chicago police commander charged with assaulting a suspect to bar key DNA evidence that appears to back up prosecutors' account of the incident.
Attorneys for Glenn Evans had sought to throw out DNA evidence taken from the barrel of his service weapon, alleging the commander did not give legal consent since a superior officer ordered him to hand over the gun. Evans is charged with aggravated battery and official misconduct for allegedly shoving the barrel of his gun down a suspect's throat
and threatening to kill him.
Prosecutors have said a crime lab analysis found the alleged victim's DNA on the barrel of Evans' gun.
In denying the defense motion, Judge Diane Cannon said Evans acted no differently than an officer turning over his service weapon after a police shooting.
Well, it's actually a bit different from turning over a gun involved in a shooting. Might this already be grounds for an appeal? The show goes on.
Labels: general
posted by SCC at 12:33 AM
28 Comments:
Go that route. Attack the CPD. Chain of evidence. Make the CPD look dumb. If they violated department policy, make it about that.
Cleanliness is next to Godliness.
Old but related question...If we blow during the administrative portion of the DUI (after having been given an order from a superior), can those results bee used in the criminal case, even though we refused to blow for that portion?
I am so freaking tired of officers being treated like second class citizens. The constitution is pretty clear that, barring consent, a warrant is required to lawfully seize evidence. If a superior officer orders you to turn over evidence, it should only be used in administrative proceedings. That means that the worse penalty falling upon the officer would be termination of employment. The taking of the gun on the order of a superior officer would be a warrantless search for criminal purposes and the evidence would not be admissible.
Imagine if Evans was white???
The commander did not shoot the fool
The gun was not ordered to be tested and inventoried until sometime later
I believe that the pros should have obtained a court order or search warrant to obtain and process the gun from Evans.
Hoppes makes a great solvent.
On it goes, Evans was honored just couple weeks before at comstat because he was the real police and crime was declining in 011, due to old school tactics the general public has no idea what we deal with on everyday basis dealing with savage criminals!
Evidence that would be found on most folks guns? Probably the norm since most police rarely clean their guns on a regular basis. That's why I like Glocks, never needs cleaning and its dishwasher safe.
If he refused the order to give up his gun to a superior officer is that not grounds to be fired? How can they then use that gun as evidence without first obtaining a warrant?
Off topic..."city to cover gender reassignment surgeries", but retirees still cannot get routine colonoscopies or mammograms. What's wrong with this picture.
Complainant's DNA on the gun he says was stuffed into his mouth would be good enough for most prosecutions. Maybe Ms. Morask will find some way around that. Ask her if she will call the guy a "walking pair of barbecue tongs." That worked for her once ... sort of ... for a while anyway.
Anonymous said...
Old but related question...If we blow during the administrative portion of the DUI (after having been given an order from a superior), can those results bee used in the criminal case, even though we refused to blow for that portion?
8/06/2015 01:48:00 AM
YES! Been there, done that............
Was it oral specific DNA and oral specific trace evidence? Or could it be from skin contact? Did the ictim expectorate, drool, or slobber? Muddy the waters. Reasonable doubt works for all US Citizens.
There was a case in Area 3 where an odpo was ordered to blow and was told it was for administrative purposes only. ASA learned of the results and used it to charge him. Judge allowed test results in court. If you are not 100% sure you will pass the test then refuse the order and let them fire for you. It's just a job. Or better yet don't drink and drive.
Anonymous Anonymous said...
Cleanliness is next to Godliness.
8/06/2015 01:31:00 AM
Praise The Lord
and pass the ammunition?
Anonymous said...
Off topic..."city to cover gender reassignment surgeries", but retirees still cannot get routine colonoscopies or mammograms. What's wrong with this picture.
8/06/2015 09:01:00 AM
I think it stinks. We can't get dental or eye care either. WTH...
There should be no more insurance coverage for lesbian and gay partners either, unless they get legally married now that they can. Where's that announcement?
Anyone remember Garrity V New Jersey 385 U.S. 493 (1967 that they taught use about in the academy?
Ordered administratively to make a statement (subsequent cases turn over gun, etc)on threat of intermission cannot be used in criminal proceedings?
Also
Can the prosecution show the exact type of cells on weapon. If not DNA transfer could happen many ways. Even if cells IDed from throat "victim" could easily have spit etc on own part of body earlier where Evans grabbed him and then Evans transferred cells to weapon barrel
I just hope Glen get threw this drama ok. He was a hard working copper back in olde 006 when we work together a few times. I dont think he deserves this treatment. When you needed the real police, Glen was always there to help.
The story the good commander and his defense will sing regarding the transfer of dudes DNA onto his gun will make for good show, but will be proven to be bullshit when it goes to trial. There's skin cells present in sweat and then there's skin cells sloughed off from within a subjects mouth (or vagina or rectum for that matter). These are easily differentiated. Different properties and presentation in different sources of DNA. Blood, sweat, saliva, seminal secretions will all have the same DNA from the same person, but appear different and the location of the source of that DNA is easily determinable.
- Mr. Science
to 0148 yes Re: Boddie and Armatta ( not sure of the spelling of the Officers names) from the eighties. Officers were advised administratively in a case then the G said they were going to sit in on the interview. The Supe tried to fire them for refusing to answer on advise of FOP lawyers. Good coppers from 007 more proof that the FBI is not your friend
Anonymous said...
Old but related question...If we blow during the administrative portion of the DUI (after having been given an order from a superior), can those results bee used in the criminal case, even though we refused to blow for that portion?
8/06/2015 01:48:00 AM
Absolutely, just ask around and you'll find plenty who have had the administrative blow used against them in the criminal case. You don't drive drunk, or after drinking a few, so why worry right?
Duo answer: yes administrative blow can and will be subpoenaed into a criminal case. If it is a fatal or close to fatal, your administrative blow will sink you
Old but related question...If we blow during the administrative portion of the DUI (after having been given an order from a superior), can those results bee used in the criminal case, even though we refused to blow for that portion?
8/06/2015 01:48:00 AM
&&&&&
No, same should apply here. If u refuse to blow criminally then blow administratively then the admin blow can't be used because you already invoked your rights in the criminal portion
Anonymous Anonymous said...
Evidence that would be found on most folks guns? Probably the norm since most police rarely clean their guns on a regular basis. That's why I like Glocks, never needs cleaning and its dishwasher safe.
8/06/2015 08:14:00 AM
>Mrs. Ol' Lady screaming her head off when she pulls out the
upper rack of the Kenmore and that gat comes tumbling out<
Glock in the dishwasher?
Crazy talk, maaaann...
Evidence that would be found on most folks guns? Probably the norm since most police rarely clean their guns on a regular basis. That's why I like Glocks, never needs cleaning and its dishwasher safe.
8/06/2015 08:14:00 AM
Glocks are dishwasher safe. Great marketing tactic.
Anonymous Anonymous said...
Evidence that would be found on most folks guns? Probably the norm since most police rarely clean their guns on a regular basis. That's why I like Glocks, never needs cleaning and its dishwasher safe.
8/06/2015 08:14:00 AM
Glocks are dishwasher safe. Great marketing tactic.
8/07/2015 10:32:00 AM
Just having a hard time reconciling "gun" and "deep cycle spray" with a water
and soap suspension and hot air drying...
There IS a school of thought that centers around polymer
pistols (and AR rifles) broken down to field strip components
for total immersion in a solution of Simple Green (T.M) and 90%+
rubbing alcohol after an extended shooting session.
Squeaky clean?
Sure as hell sounds like it.
Judicious use of a small air compressor/canned air
to dry things out and a GOOD lube and wipe-down afterwards?
Yeah, that sounds about right.
BTW... For the striker-fired carriers in the house?
Keep the oil, lube and deep-fryer grease out of/off of
the striker channel/striker of those weapons!
That is one area that really needs to be kept free of
lubricant and foreign objects. If anything, a couple drops
of solvent on a q-tip to pick up powder and brass residue,
then use the dry swab to finish up.
CLEAN is the key here.
Just wanting all of us to survive the tour
and go home in one piece.
You're only as good as your training,
mindset and skill set...
Everything else out here adds up
to a shit between two shoes where
Police safety and lives are concerned.
Oh yeah...
The nonsense about "We're making everybody transition to 9mm
because the FBI says so?"
Remember the FBI's 10mm service pistol debacle?
(Post Miami Shoot-Out)
Accountants and computer geeks didn't like guns
that kicked hard, barked loudly and spit big fire.
10mm was "too hot" so the .40 S&W came to be.
Kinda wonder what ol' J. Edgar would have said if his agents
started whining about the .357 Magnum being "too hot" and
hard to shoot?
Just some mid-day musings from a student of the
"Carry a .45 because they don't make a .46" school
of Gunmanship...
The FBI is a national archive of law enforcement statistics.
Their expertise DOES NOT center on helping Policemen actually
SURVIVE these awful deadly force encounters in the urban tribal zones.
Stay safe and keep that in mind...
Anonymous said...
Old but related question...If we blow during the administrative portion of the DUI (after having been given an order from a superior), can those results bee used in the criminal case, even though we refused to blow for that portion?
8/06/2015 01:48:00 AM
&&&&&
No, same should apply here. If u refuse to blow criminally then blow administratively then the admin blow can't be used because you already invoked your rights in the criminal portion
8/06/2015 11:56:00 PM
YES IT CAN!The dept will let the asa have it and yes they can will and have used it many times. Dont listen to the jag off above, he/she is wrong.
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