A special thanks to Randall H. Miller for interviewing me today. Click here to read the blog. Randall and I became familiar with each other through Daniel Williams, host of online show The Opium Den and author of "The Naked Truth About Drugs." Both of us have appeared on Daniel's show and, in my opinion, he asked us great questions and truly invoked interesting conversations about drugs. Before my guest appearance, I listened to Randall's interview (go to above Opium Den link) -- to be honest, I was a bit intimidated -- Randall is super-smart and well-read; spoke about terrorist networks involvement in the global drug trade. I highly recommend you listen!
Thanks, Randall, for interviewing me for your blog. Get ready, you are going to have to do the same for me!
RHM: According to your website, once a person’s fingerprints are “in the system”, they remain there for eternity. Why is it that these records are not automatically expunged when the arrest fails to result in a conviction? Answer here.
RHM: The topic of fingerprint and DNA databases made me think of everyone who serves in the military. Is there any way a service member can have those records destroyed after they leave the service? Or are those the permanent property of the government? Answer here.
RHM: When most people think of police brutality they envision victims from low socioeconomic conditions. Is that generally the scenario or does it happen in affluent neighborhoods as well? Answer here.
(Please note: I am a Chicago-based attorney, only licensed to practice law in Illinois. If you want to clear your criminal record (arrest/conviction/misdemeanor/felony) please contact me; however, if your case was not in Illinois, I cannot properly advise you on your expungement/sealing options. I do have a list of attorneys I can refer you to, if your case was outside of Illinois. And please, please, do NOT hire a "service" that does not place an attorney's face on its page. If you are going to pay someone for a service, you should know who that someone is before giving them $5, $500 or $5000. Don't get scammed!
Dr. Baden explains forensic science and its applicability to this case. Can the blood that had a large amount of alcohol in her system be explained other than that she drank the morning of the accident?
Daniel Bora was not happy to see Fox Chicago News when asked why he's cost the city more than four million dollars in court settlements.
Fox Chicago discovered that since 1998, Bora has been sued at least twenty times. He was accused of abusing his authority.
The cases are remarkably consistent. Each one involves somebody who claims to have been falsely arrested, assaulted, or injured.
Take what Malcolm Gieren and Freddie Freeman say happened to them.
“I know what he did was very unprofessional, very unethical,” said Macolm Gieren.
Gieran, who has served time before, spent twenty months behind bars for heroin possession: a crime he says he didn't commit. After playing basketball one afternoon, he insists Bora and some other cops grabbed him and a half dozen other guys he'd never met. Then, the police officers brought them to the back of an alley for a cavity check.
So I grabbed the back of my belt buckle to resist so when they grabbed to pull my pants down. I tried to resist and it was a tussle with them in the middle of the alley trying to prevent them from pulling my pants down. I couldn't win. There were too many of them,” said Gieran.
Freddie Freeman can relate. He was with friends at a barbeque in Garfield Park when he says Bora and some other officers roughed him up after recognizing him from a previous court case against Chicago police.
“They just numb me up real bad and then I got a little concussion,” said Freeman.
He says he was shoved to the ground, arrested, and spent the next two nights in jail.
“You’re supposed to be out here servin and protectin, but most of them are out here servin and neglectin,” said Freeman.
Freeman settled the case for six thousand dollars. But, he says he now lives in fear of police, especially Officer Bora.
“I have panic attacks when I’m out here. I have to look over my back every time I see a police car,” added Freeman.
Freeman's attorney Jeffrey Granich tells us he routinely goes to court because officers like Bora make up charges.
“I think the Chicago Police Department picks on people who are powerless to stop them,” said Granich. I don’t know any business in America where the employees can cost the business millions of dollars and nothing gets done, except the Chicago police department. There it is ok,” said Granich.
Bora has never been in front of the police review board, which reviews officer conduct deemed fit for suspension or dismissal. We requested an interview with superintendant Jody Weiss, but got a statement instead saying that the department refuses to comment because there's another case now pending against Bora.
Private investigator and former state homicide investigator Paul Ciolino agreed to review the lawsuits against Bora for us.
“I’m not putting him on the streets any more cause how many pensions can you pay with four million dollars? How many new cops can you hire with four million dollars? Giving him the greatest benefit of the doubt, he’s still a huge liability for the city” said Ciolino.
When asked if he was surprised that all plaintiffs in the cases are African American, Ciolino said, “I can assure you if they were all white he wouldn’t be on the job,”
But somehow he keeps his job and keeps getting sued. For instance, at a building on West Van Buren, residents took Bora and a dozen other officers to court for raiding the wrong apartment. Witnesses claim after the police officers realized their mistake, the officers mixed baking flour "with some other substance they brought with them" and charged one resident with possession of a controlled substance. The case settled for $50,000.
Bora’s most infamous encounter dates back to 1998. After the Chicago Bulls championship, he was one of three officers accused of firing 24 rounds of ammo into the back of a car full of black teenagers, driving recklessly. The city settled the case for several million dollars. One of the kids, Francis Bell, got his eye shot out.
“They’re here to serve and protect, but that night they did me wrong,” said Bell’s mom.
In fairness to Bora, at least one other officer was sued with him in all twenty lawsuits. A few of the cases have been dismissed. But usually, they're settled for thousands of dollars before they ever go to trial.
“If you see a problem like that, there are problems and the problem is if this gets in front of a jury, we may spend twenty million dollars,” said Ciolino
After Bora refused to talk to our executive producer, we tried calling him outside his apartment building, but got no response.
Gieran's attorney Tamara Holder fears it's only a matter of time before Bora gets into bigger trouble.
“You never know what you're going to get with this guy. He's a loose cannon,” said Holder.
As for Gieran, he agreed to plea guilty in return for being released for time served.
"He took something away from me I can never get back, twenty months of my life for nothing,” said Gieran.
All this time, Gieran kept the jeans he claims Bora had to rip off him to perform the cavity
check. Only now, he's finally willing to put away the past. He's studying to become a guidance counselor to teach kids the lessons he believes officers like Bora never learned.
“How do you go home at night and sleep knowing you locked people up that didn’t have any drugs?” asked Gieran.
Officer Bora is now assigned to station 23 which covers the Wrigleyville area. All of his settlements have been paid for by the city with taxpayer money.
As you know, I am a criminal defense attorney in our largest criminal system in the country: Cook County, IL. Chicago is also home to many undocumented Mexicans. Because of my great exposure to crime and the Mexican population, I have seen my fair share of problems our country faces as America begins tackle a problem we have ignored for years.
Legal Representation in Proceedings
According to the Human Rights Watch, between 1997-2005, nearly 673,000 immigrants were deported for criminal convictions. Of those deported, well over 50% of them were not represented in immigration court. I do not have the numbers, but I suspect the around the same numbers represent those who do not have private criminal defense attorneys for their underlying criminal case. The criminal courts are flooded with Spanish-speaking, undocumented residents who are accused of committing a crime. Every day, I see this situation. Furthermore, I do not recall ever seeing an undocumented nationality other than Mexican. On one hand, the undocumented person is a burden on our judicial system because he/she cannot afford private counsel and so he is entitled to the public defender. On the other hand, our Constitution allows for due process and any person on our soil is entitled to a proper defense. All too often, I witness an undocumented Mexican get pushed through the criminal system and forced to plead guilty to a crime he may very well not have committed. On one hand, the question is: should this person be afforded all the rights of an American citizen if he is undocumented? But on the other hand, the question is: shouldn't this person be entitled to proper legal representation in both a criminal and deportation proceeding; i.e., isn't that proper due process?
Many Deported Have Prior Criminal Records
Also according to Human Rights Watch, between 1997-2005, nearly 500,000 undocumented Mexicans were deported for non-violent offenses (majority drug-related.) A recent article stated that between October 2007-November 2008, over 10,000 were deported from just three states: Alaska, Oregon & Washington. Of those 10,000, 33% had criminal backgrounds.
It's no surprise that many of those deported have criminal backgrounds. That essentially means these numbers reflect immigrants who have been deported at least once before. I have represented several Mexican drug dealers who pleaded guilty knowing they were going to be deported. They all say the same thing: "I'll be back." One client called me less than one week after pleading guilty to a drug offense to tell me he had been deported and had already made it back into the U.S. to Chicago. Shocking, right?
This is in poor taste but quite humorous. My apologies!Problems at Home Too
I find it interesting that the Mexico/U.S. drug problem is now, all of a sudden, a big issue. This is nothing new. Why have we not done anything sooner? Did you know Texas is #1 point of entry for cocaine? President Bush knew this when he was Governor of Texas!
But what about the killings at home? There has been recent talk about the majority of the guns seized in Mexico are from the U.S. I agree that we need to stop the exportation of guns into Mexico, but what about stopping the guns from flowing in our own streets? Why do Americans not understand that we are surrounded by war zones in our major cities? Did you know 29 Chicago Public School children have been killed this year alone? Do you remember that when Jennifer Hudson's family members were shot and killed inside the home NOBODY called the police because neighbors were so used to hearing gun fire? (It was not until a family member walked into the home and discovered the bodies that the police were called.)
Clearly, the Mexico drug problem is one of major importance. But let's not forget the innocent people who are killed on our home turf every day because of the drug trade and flow of weapons on our streets.
More to come on other issues surrounding the Mexico drug crisis...
llinois Gov. Rod Blagojevich listens to a caller while on the air with radio talk show host Cliff Kelley at WVON radio station Friday. (AP) On Friday, Gov. Blagojevich made two radio appearances in Chicago. One at WLS in the morning, the other at WVON with Cliff Kelley in the evening. I happened to be at both interviews and spoke to the Governor at both as well. His spirits were surprisingly up and I definitely got the feeling he's set to fight this long battle. The Governor is not, however, in denial about his impeachment; he even joked about how he'll soon have extra time on his hands.
But is the Governor's media campaign a good idea? At first, I thought "yes" because he is his strongest salesman. Aside from his terrible analogies (he compared himself to some old movie that's beyond my time), he makes a strong argument that this impeachment is unfair. He was very well-spoken on both radio shows and calls came pouring into the radio station showing their support of the Governor.
As things started to look better than they have for the Governor's image, two problems arose late Friday: 1) Blagojevich's lead attorney, Ed Genson, withdrew from the case; and 2) Blagojevich's camp hired Drew Peterson's PR firm.
Genson's withdrawal: I don't know anything about Sam Adam Sr. and Jr.'s work to comment; however, I can say that Ed Genson is probably one of the best defense attorneys in the country. I watched his arguments before the House impeachment panel; he's brilliant, convincing, well-prepared. Genson was nowhere to be found on Friday during the radio appearances. Instead, it was Sam Adam, Jr. who was at WLS's interview and then NO attorney was with Blagojevich at the WVON interview. I suspect Genson went through the roof when he found out Blagojevich was speaking to the press. I'm sure Genson wanted Blagojevich to keep his mouth shut. But, Adam's appearance at Blagojevich's side implies that Adam supported the interviews. Possibly the split because of this? Genson was quoted saying, "His action, what he's doing, isn't controlled by me," Genson said. "I'm not privy to it. I should be, but I'm not." Article here.
Drew Peterson's PR firm retained: Drew Peterson on NBC's Today Show
I wrote about Drew Peterson's image back in November 2008. Blog here. Image is everything, especially when you are potentially talking to a jury pool. Drew Peterson has the worst possible image of any person in the country - and it's not really because of the crimes he's suspected of committing but because of the way he's put himself in the media's light. There are many men who have managed to stay out of the press as they stand suspected of a crime, for example, Craig Stebic, husband of missing Lisa Stebic. I mean, Drew's PR firm had the audacity to send a press release that Drew got engaged last month. How disgusting. As if the guy is a celebrity?!? And this PR firm's antics are already playing out in Blagojevich's camp: on Friday morning, Blagojevich committed to an exclusive live interview with ABC's Good Morning America on Monday morning. Blagojevich agreed not to do any interviews in the interim, before Monday morning. Quite the contrary occurred. Instead, the PR firm set up an interview with NBC's Today Show, behind ABC's back, that aired today!
Blagojevich better be careful. It appears as if the camp is in disarray with Genson quitting and the worst PR firm being retained. He needs to focus on his image and his criminal case.Leave the rest alone.
December 31, 2008: Today, George and Cindy Anthony's (Casey's parents) attorney asked prosecutors to give his clients immunity if they were to speak to prosecutors again. Article here.
George & Cindy Anthony (courtesy of bloggernews.ne
Remember, Cindy and George have both spoken to investigators numerous times in the past. George even testified before the Grand Jury. That means what he said to them is on the record and can be used against Casey (or him if he's charged with a crime). I'm sure many of you saw the taped interviews of Casey's parents from early-on in the investigation. Also, we know Cindy reported that the trunk of the car smelled like a dead body, then she recanted the statement. Further, investigators asked Cindy to give them Caylee's brush but instead she gave them a different brush.
Some suspect prosecutors will charge the parents with "obstruction of justice" for their failure to cooperate with investigators and alleged covering-up for their daughter.
Many question what George and Cindy have to hide - why they will not speak to investigators willingly. It is not necessarily that they have anything to hide. In fact, they know they are possibly facing obstruction charges from previous conversations with and actions against the police.
This tactic is the parents' attorney's way of saying, "If you want more information, we must be sure you aren't going to come after us and charge us too." I know many of you want the parents to go down too...but...
At the end of the day, what do people want? They want the killer behind bars. And since Casey is heading to trial for allegedly being the killer of her daughter, the prosecution must put on their best case. That means forensic evidence and live testimony. An obstruction of justice conviction is not the same as a murder conviction. Prosecutors should find whatever they need to bolster their main case. If that means giving George and Cindy Anthony immunity so that prosecutors can get more info or to get them to testify against their daughter, that's what should be done.
LOOK AT THE ULTIMATE GOAL: A MURDER CONVICTION FOR CASEY. PROSECUTORS NEED TO KEEP THEIR EYE ON THE PRIZE AND DO WHATEVER IT TAKES (WITH ETHICAL PARAMETERS) TO GET THAT CONVICTION.
Outside Drew Peterson's Neighbor, Sharon Bychowski's, home
Today my friend (who's been involved in the Peterson case since Day 1) and I visited the Peterson home. The pictures show the lawn of Peterson's neighbor, Sharon Bychowski. She has created a shrine in memory of Stacy. That is filled with plastic pink flamingos and other lawn ornaments, along with potted flowers and purple & white streamers. In the center of the shrine is a large picture of Stacy on posterboard that says, "Where's Stacy???"
As we made our way around the corner to the Peterson home, the trees and light posts were tied with the purple & white streamers. We were definitely approaching something...
Drew was not a home because he was stuck at the airport in NYC due to weather. He was on the Today Show this morning with his attorney. And of course, no streamers tied to his trees.
Wouldn't one think Drew would want a shrine on his lawn for his wife? I mean, even if she left him (according to his theory), wouldn't he want her to return home to her 2 children that she left behind? Wouldn't the innocent man whose wife just disappeared into the night be home today, instead of jet-setting to NYC for an interview? There was absolutely NO SIGN of Drew's desire to find Stacy outside of the home.
And let's not forget Kathleen, Drew's thrid wife, who "accidentally" died in the bathtub. She lived just a block away. We drove by her home as well. There were cars in the driveway but no ribbons, no signs of the family's need for attention. But don't be mistaken, she will also be remembered at tonight's vigil.
Although this is the 1-year anniversary of Stacy Peterson's disappearance, it is also a day to remember two women who were married to Drew Peterson and who were allegedly killed by their husband. Today's visit to this kind neighbor's home left me feeling so sad for the many women in this country who leave their children behind due to an act of violence.
Picture of shrine for Stacy at Drew's neighbor's homeAnother picture of the shrine - Drew's house is to the rightwww.xpunged.com and www.tamaraholder.com