Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

www.xpunged.com

 



Entries in drugs (3)

Monday
18May2009

Fox Chicago Investigates CPD Officer Daniel Bora - Tamara's Client Interviewed for Story

Daniel Bora: Costing Chicago Millions

By Jeff Goldblatt

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.

www.xpunged.com and www.tamaraholder.com

Wednesday
25Mar2009

AMERICA'S PROBLEM WITH UNDOCUMENTED MEXICANS IN OUR CRIMINAL SYSTEM

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...

www.xpunged.com and www.tamaraholder.com

Monday
08Dec2008

SOARING UNEMPLOYMENT RATE: EXPECT TO SEE RISE IN CRIME

November marked the greatest number of jobs lost in 34 years; unemployment rose to 6.7% as nearly 533,000 people lost their jobs. Article here.

Desperate times call for desperate measures.

Many people will fall into depression and seek the "numbing" effect of illegal drugs to ease their emotional pain. And where there is demand, there is supply. Drug dealers can expect to be busier than ever; however, their competition for control of the streets will also increase. Many people who once had a job will resort to pushing dope to pay the bills. I suspect our crime rate will rise and tension on the streets will create more violence.

We will see dealers (especially those without the experience) get arrested at alarming rates. In effect, this will cause an increase in the jail population, especially because many won't be able to post bond to get out of jail. Bond money can be used to pay the lawyer. Since many won't be able to post bond, the public defender's office can expect to see an influx of cases while the criminal defense attorney can expect to see an decrease in work, just like the rest of the country.

Judges will be forced to toss many cases in an effort to keep the jails from over-crowding. These people (dealers or buyers) will leave the courthouse with a criminal record, even if the case was dismissed. Now, this arrest record is visible to background check companies. This arrest record will prevent the prospective employee from getting a job. And so the cycle begins...See my blog about an arrest record and its relationship to the umemployment rate here: http://tamaraholder.squarespace.com/blog/2008/9/6/having-an-arrest-on-your-record-can-leave-you-jobless.html

www.xpunged.com and www.tamaraholder.com