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 Jody Weis (5)

Thursday
01Oct2009

SUPERINTENDENT WEIS NEEDS HELP; OBAMA & DALEY NEED TO BE CONCERNED WITH KEEPING OUR KIDS ALIVE TO SEE 2016 OLYMPICS 

Chicago Police Superintendent Jody Weis (AP)It is time to support Chicago's fairly new superintendent, Jody Weis, who comes with 23 years of FBI experience. It's time to give him the help that he needs. Even the most fabulous, wonderful, brilliant and powerful person cannot win a war by himself. Weis has the ability to carry out his job but he still needs strategy; he needs support; he needs infrastructure; he needs soldiers.

We are in a war on our streets. The other day, Derrion Albert was savagely beaten to death in broad daylight, just 10 miles south of President Obama's Chicago residence. Last year, Blair Holt was killed on a school bus as he tried to break up a fight. These boys are just a couple of the 100+ student who have died in the past year on Chicago's streets. The number of our children killed at home are WAR NUMBERS!

Superintendent Weis needs help - he cannot fight this war alone. While Daley and Obama are flitting around Europe and schmoozing with the IOC in an attempt to get the Olympics to Chicago, Superintendent Weis is in the streets of Chicago, assigning detectives to solve the brutal murder of Mr. Albert. (Don't forget, within hours, CPD had several suspects in custody, even though they did not receive one tip -- that's right, not even ONE tip!)

The innocent are getting killed. You must understand it's not just the drug dealers and gang bangers. Both Derrion Albert and Blair Holt were honor roll students. I'll never forget the funeral I attended at Rainbow Push a couple of years ago for a young, female college student who was shot to death in her car as she drove to get some food with her friends. It was a case of mistaken identity - the shooters got the "wrong" person. I just sat in the chair at Push and stared at the made-up face, reconstructed with cheap wax, of a young girl who had so much of a future ahead of her. I remember thinking, "What's wrong here? She didn't have a chance."

So, thank you, General McChrystal for your report on what we can do to "win" the war in Afghanistan. But we need the same kind of detailed report on how we are going to win the war on the streets of America.

We cannot and shall not bash Superintendent Weis. We need him to do his job and he needs the help of our leaders to come up with a plan on how we are going to save our kids. I've been to those "community" meetings held by the "community organizers" of our city. The people mean well. They have been crying out for help and change for years. Problem is, nobody is really listening.

Sure, we can have the "accountability" argument - until parents teach their kids to be accountable, we will continue to have violence. And sure, we can have the "blame the police" argument - since the police were a block away from the scene of the latest violent crime, it's CPD's fault. Because you know what? Even if CPD was there to save Derrion, there still is going to be another shooting or another beating the next day and the next day and the next day. So, those arguments only take us so far. The problem is so pervasive and so widespread that we need strategy, we need planning, we need infrastructure, and we need solidified leadership. Until then, the innocent will continue to die. And, your good kid could be next...

After Obama and Daley come back with their little "Chicago 2016" pins, they need to start planning on how to keep our kids alive so that they can actually see the Olympics in their hometown.

 PS: Please, let's not make this about race. Let's make this about saving our kids.

 www.xpunged.com and www.tamaraholder.com

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

Tuesday
17Mar2009

NEW CHICAGO POLICE SUPERINTENDENT JODY WEIS GETS "NO-CONFIDENCE" VOTE - 1 YEAR IS NOT ENOUGH TIME TO MAKE ANY JUDGMENT

Weis in January 09 (Nancy Stone/Tribune)

Tonight, Chicago's rank-and-file police officers issued a vote of no-confidence in Superintendent Jody Weis. Article here.

As many of you know, Chicago is politics is another form of the mob.  And I am NOT about to get all mixed up in the mess.  For the record: I have no political aspirations; everything I say comes from the heart. 

Superintendent Weis has been on the job for just ONE YEAR.  I am disappointed that he hasn't been given much of a chance.  We knew that many CPD officers were against Mayor Daley selecting an "outsider" as Superintendent; many wanted someone who came through the ranks.  

But, Superintendent Weis brings with him a wealth of experience and expertise from the FBI.  Seems like many have chosen to treat him like a step-parent by immediately deciding not to like the guy or accept into CPD.

Fact of the matter is, Chicago's crime rate is terrible. More and more children are dying on our streets. The effects of past police corruption of Lt. Jon Burge of the '80's and the Special Operations (SOS) Unit of recent years weigh heavily on our City.  

Since Weis's arrival, look at the security detail for Obama on election day: it went smoothly.  Look at the high-profile murder of Jennifer Hudson's family: he put a team in place to investigate swiftly yet thoroughly before making an arrest.  Of course, last week he was found in contempt for refusing to turn over a list of officers who received repeated citizen complaints but he was just doing his job: protecting his soldiers.  Remember, he was protecting officers who received complaints before he even became Superintendent.  He could have just as easily thrown them under the bus, but he did not.   

I've had the honor of meeting with Superintendent Weis several times.  Every time, he has shown great concern for the issues I presented.  He has surrounded himself with a knowledgeable and hard-working staff.  Time for a change, like it or not.  Please, my fellow citizens, give our new Superintendent a chance before saying we don't have confidence in him or that he cannot do his job. We cannot afford such a strong dislike for the leader of our streets, not during these times. (And this is coming from a criminal defense attorney who, for the most part, despises  the police.)

www.tamaraholder.com and www.xpunged.com

Sunday
08Mar2009

CHICAGO SUPERINTENDENT JODY WEIS FORCED TO TURN OVER LIST OF "REPEATER" OFFICERS WITH MULTIPLE COMPLAINTS

Superintendent Weis with Mayor Daley & Interim Superintendent Dana StarksLast week, Chicago Police Superintendent Jody Weis was found in contempt of court by a federal court judge because he refused to turn over a "repeater" list of officers who had 5 or more complaints made against them since 2002. Article here. After the ruling, Weis decided to turn the list over to opposing counsel for two minors who were beaten by an off-duty detective in 2007.

Weis will be in court tomorrow to explain why he initially refused to comply with a court order. According to the Tribune, "Weis said he still disagrees with the judge's decision because releasing the list would harm officer morale and could lead to misconceptions about officer conduct."

WEIS DOING HIS JOB: PROTECTING HIS OFFICERS

I have met with Superintendent Weis on several occasions and I must say he is an honorable man, in my opinion.  Keep in mind, Weis was just appointed Superintendent by Mayor Daley a bit over a year ago in February, 2009.  Weis is a true commander who was trained to go down for his soldiers.  On the other hand, there is one rule all must follow in court: never defy a court order.

CHICAGO POLICE MISCONDUCT SYSTEMIC

I am thrilled to know this list was forced over.  Chicago Police misconduct goes back to the days of Jon Burge torture and I'm sure well before then as well.  There is no reason officers should be protected from their misconduct.  The only way cockroaches are forced out is if they are smoked out.  Time to smoke out the bad officers.

SOME CIRCUIT COURT JUDGES CONTRIBUTE TO THE SILENCE

Often times, criminal defense attorneys seek OPS records on Chicago Police officers who made an arrest in a pending case.  For example, if my client alleges the police planted drugs on him, I may want to see if the Officer has ever received a complaint of this sort before. However, the records are not sent directly to me but to the judge's chambers.  Then, the judge gets to review all OPS complaints and make the determination if there's anything relevant to turn over.  Many judges will not turn over cases that are similar if the case was "unfounded."  That term can mean many things.  Did the police properly investigate and interview all witnesses?  I had a client who was in custody for over a year before OPS interviewed him on a complaint.  Judges don't want to go on a "fishing expedition" and look through an entire officer's file...but if the judges don't turn over the complaints, this is another form of suppressing past misconduct.

In conclusion, I am happy to know the officers accused of multiple incidents of misconduct are going to be exposed.  No more protecting the bad guys.  Not all officers are bad but taxpayers should appreciate this decision after last year $20 million dollars was paid to 4 men by the City of Chicago after they sued for Jon Burge's torture over 20 years ago.  The cost to the taxpayers and the public interest in this list far outweighs protecting these "repeater" officers. 

www.xpunged.com & www.tamaraholder.com

Monday
03Nov2008

JENNIFER HUDSON FAMILY MURDERS: NEW CPD SUPERINTENDENT WEIS DETERMINED TO PROVE HIMSELF

Chicago Police Department Superintendent Jody Weis

This weekend, several people asked me, "Why hasn't anyone been charged in the Jennifer Hudson family murders yet?" My answer: Don't worry, our new CPD Superintendent Weis knows what he's doing.

On Friday, October 31, 2008, Chicago Police reported that a gun found within a block of the car (inside of which little Julian King was found), is linked to the triple murders.  Article here.

We know there's one person of interest: William Balfour.  Legally, a "person of interest" or even a "suspect" cannot be held for more than 3-days for investigative purposes, without being formally charged.  William Balfour is in the custody of IDOC on a parole violation, so there is no hurry to charge him, if he's the alleged perpetrator.   

Aside from Balfour not being a flight risk, the other reason why we don't have a charge just yet is this: Chicago has a new Superintendent in town, Jody Weis, who was sworn-in on February 1, 2008.  Before joining the Chicago Police Department, Mr. Weis spent 23 years in the Federal Bureau of Investigations, joining the FBI in 1985.  He has extensive experience in criminal investigations.  

Weis is just the 2nd police chief to come from outside of the City.  Understandably, his "outsider" status has caused many people within the Chicago Police Department (and the City) to question his ability to handle Chicago.  Since his arrival, our City has seen a dramatic increase in crime. 

Superintendent Jody Weis (pictured with Interim Supt. Dana Starks & Mayor Richard Daley)-Tribune Photo

I say yes, he is fit for the job.  I also predict that Weis is going to shine light on this tragedy by proving his ability to fight crime, with the help of other qualified members of CPD, and bring the right people to justice.  Notice that very little has been said about this case.  We do know they found a weapon that was tossed in the garbage. But not to worry; Weis is moving methodically and swiftly, just like a trained FBI agent.  He and the other members of the Chicago Police are gathering every bit of evidence to help prove who murdered this family.  

Weis came into the Department shortly after the SOS unit was disbanded (and indictment of SOS's Jerome Finnigan) in 2007 for internal corruption, and 20 years after Lt. Jon Burge tortured men into false confessions.  Not only is the public skeptical of CPD and its new boss, Weis has the OJ Simpson case to remind him of what can happen if an investigation is not 100% perfect.  

All victims (and their families) of violence in our City deserve the same kind of investigation; Hudson's family is no different.  But, in this case, the entire world is watching Weis; this is his opportunity to earn back our faith in the CPD that crimes will be properly investigated and offenders will be properly charged.  From what I can tell thus far, Superintendent Weis has run a very different investigation than the CPD of the past.  Let's see what he reveals in the days to come...

 www.xpunged.com and www.tamaraholder.com