RE-LAUNCH OF WWW.XPUNGED.COM - CLEARING YOUR ILLINOIS CRIMINAL RECORD

I just want to remind you that I re-launched my website www.xpunged.com last week.  We are really trying to get the word out that IF YOU HAVE EVER BEEN FINGERPRINTED BY THE POLICE, YOU HAVE A RECORD THAT IS ACCESSIBLE TO THE PUBLIC! There is no such thing as your record disappearing if your case was dismissed, or if a certain period of time has passed. No matter what someone has told you, even if that someone was a judge or a lawyer, you have a record unless it has been expunged, sealed or pardoned.

I have a page with tons of info on expungement here and pardons here. Please visit our new page and allow us to pull your record and identify how we can clear it!

www.xpunged.com and www.tamaraholder.com

POSSIBLE FOUL ON WHAT SHOULD HAVE BEEN A SLAM DUNK CASE

Picture of meth user's arms from the (www.anti-meth.org)Two people were arrested after police found a meth lab inside the home. Not only was an entire meth lab discovered, but a loaded gun was found nearby the basement dwelling of the couple where 5 kids also resided.
According to Boise's "Beacon Journal" staff writer Ed Meyer, "

The children — identified by Akron police as 11, 7, 5, 4 and 2 years old — and the 17-year-old were placed in the custody of Summit County Children Services. They are currently in the agency's care as officials consider foster homes, Akron Police Capt. Dan Zampelli said.

The couple, Ronald Lee Copeland, 37, and Sasha Marie Archer, 27, are being held at the county jail on drug and child-endangering charges. A jail official said bonds for both were set at $100,000.

On its face, the case looks like a slam dunk. Police acted on a tip, knocked on the door, and the couple gave them consent to search the house.

Last night, additional details were reported by a law enforcement official working the case.
1. The man’s aunt and uncle answered the door and allowed the police inside of the home.
2. A local meth lab tacitical team had known about this home for a week or so.
3. The police were acting on a tip from an informant.
4. Family services had recievied complaints at this home approximately 9 times.
5. The aunt and uncle cared for a sick relative in the upstairs portion of the home.
6. The couple and the children lived in the downstairs dwelling of the home.
7. The man allegedly consented to the search of the downstairs area of the home and the search also revealed his mail with his name on it ddressed to that location.

To the average person, this case looks like a winner for local prosecutors. But not so fast. I have a serious problem with this case: Where was the warrant???

A warrant can be obtained within minutes. All that needed to be done is that nvestigators go to the judge, they provide the judge with the information from the informant and any information they obtained in their WEEK-LONG investigation. Now, with the "consent" to come into the home, the "consent" issue may be a big battle for prosecutors. It would have been so simple for them to get a warrant. Silly that they did not.

Also remember that Family Services personel were called to that house allegedly 9 times. Police could have gotten a warrant based on alleged child endangerment alone...meth lab aside!

The couple is charged with numerous drug offenses and child endangerment. If convicted, they are looking at spending decades behind bars.

BUT, if defense attorneys file motions to suppress the evidence, which they may, any "fruits" of the illegal search can be tossed out of court. Then, certain charges might have to be dismissed.

It's this kind of thoughtless behavior on the part of the police that allows the bad guys back on the streets. Many people are found "not guilty" because of crappy police work, not because they didn't commit the crime, thanks to the American justice system.

Click here for pictures of what meth can do to you. Disgusting!

www.xpunged.com and www.tamaraholder.com

FINALLY! NEW ILLINOIS GOVERNOR QUINN MAKES GRANTING PARDONS A PRIORITY!

Gov. Pat Quinn (David Carson - stltoday.com)Today, Gov. Pat Quinn pardoned 11 people; these are the first pardons of our new Governor.  Thank you, Gov. Quinn! Article here.

The pardon power is an enumerated power of the Governor; it is a function of Government.  The issue here is not whether one agrees/disagrees that a person should be pardoned for a criminal indiscretion of the past; instead, the issue is that the Governor has the sole power to pardon and that power must not be blatantly ignored.  If a Governor is totally against pardoning any person, then the Governor must deny all pardons; the Governor cannot simply ignore the requests. On the other hand, if the Governor is not entirely against granting pardons, and a petitioner  has a compelling case for being pardoned, then the Governor must make a decision and either grant or deny the pardon.  Essentially, a Governor shall not allow pardon petitions to sit indefinitely without a decision, one way or another.

Ex-IL Governor Blagojevich promised many people he would make decisions on pardons. He lied. Instead, he allowed approximately 2500 pardons to pile up on his desk for the 6 years that he was in office.  People's lives were in limbo as they waited, hoped and prayed for an answer. As of April 2008, he had only granted 67.  He then granted about 24 more.  Regardless, he granted a total of less than 100 pardons - that is embarassing.  And according to the IL Prisoner Review Board last April, Blagojevich had approximately 1500 on his desk.  According to Gov. Quinn, there are an additional 1000; he stated there is a backlog of over 2500!

In Illinois, a person seeking a pardon, clemency or reprieve must first petition the IL Prisoner Review Board.  After the petition has been submitted, the petitioner has an opportunity for a hearing where he makes his case before the Board as to why he should be pardoned. Then, the Board makes a confidential recommendation to the Governor, whether they think the person should be pardoned.  Lastly, the petition sits in the hands of the Governor and awaits final denial or approval.  By law, the Governor is not required to make a decision within any period of time.  (That should be obvious! Blagojevich allowed thousands to pile up on his desk.) Thus, the petitioner must wait and wait and wait for a decision. There is nothing one can do to get an answer.  The person cannot even re-petition the Governor if no decision has been made.  The only time a person can re-petition is if the person is denied and he waits a year after denial and files again.

We need to pardon people who made a mistake and have since rehabilitated themselves.  I am not talking about the convicted murderer who has a lengthy, violent past.  Not all felons are those who have done time in prison.  Many are people who made a stupid mistake as a kid and were given probation.  At the time, they did not know that their mistake would follow them for life, even though they did not go to jail.  Keep in mind, in IL, once a felon, always a felon, unless you are granted a pardon. 

Thank you, Governor Quinn, for making decisions on yet another matter that ex-Governor Blagojevich refused to handle.  By granting the 11 pardons, you have restored the lives of not just 11 people but of 11 people's families and their communities.

www.xpunged.com and www.tamaraholder.com

DON'T BELIEVE ALL YOU READ: THIS BLOG IS FACTUALLY INCORRECT - "California Gunman Kills Four Cops While Violating Parole - Save All the Expungement Hypocrisy!"

Anonymous "pathickey" has written another hate-filled blog about me. I don't care what he/she thinks of me per se; however, I'm bothered by the fact that the content of the blog is factually misleading. So, I'll use my blog to correct the record.

1) An expungement in IL is only for those who have arrests or non-convictions, i.e. NO convictions. You cannot expunge a felony or even a misdemeanor conviction. You cannot expunge the record of any person who served time in prison, who was on parole, who was on probation, or even someone who did county jail time. Any person who has a conviction must receive a Governor's pardon if he/she wants to expunge that conviction. So, "Pat" is wrong in saying that expunging a record puts cops in danger and protects career criminals. 

2) The IL State Police has refused to follow the chief judges' (Judge Paul Biebal & others) orders to expunge and seal records. Those granted the order are eligible for expungement or sealing per the law. If "Pat" disagrees with the law, I am not the correct person to write about. "Pat" should be upset with the legislators who wrote the expungement and sealing law. Maybe "Pat" has a better idea; maybe "Pat" should write his legislators with his/her suggestions. Question: why should not a person be able to expunge their record if they were never convicted of a crime? What is the harm?

3) I would never support the killing of any person, including the police. What "Pat" does not know is that I have met with Superintendent Weis numerous times regarding the killing of slain Chicago Police officer Jose Vazquez. Officer Vazquez was killed outside of his home a little over 2 years ago. Single gunshot to the chest. No witnesses, no suspects. This was a dispicable crime and whomever killed Officer Vazquez ought to be found. Officer Vazquez was a husband/brother/son and friend to many. My prayers go out to the families of the four police officers killed. My prayers also go out to the families of the TWENTY-NINE Chicago Public School students who have been killed this year. Gun violence must stop.

4) I welcome "Pat" and anyone else out there to meet me to discuss the various issues he/she has with me. Here's his/her blog: http://hickeysite.blogspot.com. Funny that he/she write blogs about "dangerous" people when the very subject matter of the blog itself is hate-filled and makes me wonder if this person has their own anger-management issues.  If you have something to say about me, say it to my face or at least get the facts straight; don't hide behind an anonymous blog. Come out, come out Mr. Anonymous.

Below is the FACTUALLY INCORRECT & ASSUMPTION-FILLED BLOG:

"California Gunman Kills Four Cops While Violating Parole - Save All the Expungement Hypocrisy!"

Dear God - more cops killed. The idiots in Illinois are getting all Progressive to put money in Expungment Attorney Tamara Holder's purse. She is a rising star in the scum-bag legal community - watch out G. Flint Taylor and Jon Loevy! Holder trolls for Criminals in violence racked housing projects and in the Sun Times. Holder was part of Jesse Jackson's Sleepover resulting from the drug-pinch riots at the Harold Ickes Homes a while back.

Now Tamara has Lefty journalists and Chicago's leading race-baiter at the Sun Times panning for gold on her Expungement Claim.

In California three cops were murdered by a parole violater and another officer clings to life.


Man violates parole, kills three cops in California


AP, OAKLAND, CALIFORNIA
Monday, Mar 23, 2009, Page 7
A man wanted for violating his parole killed three police officers and gravely wounded another in two shootings on Saturday, the first after a routine traffic stop and the second after a massive manhunt ended in gunfire, authorities said.

The gunman was also killed.

The violence began on Saturday afternoon when two officers stopped a Buick sedan in Oakland, California, police spokesman Jeff Thomason said. The driver opened fire, killing one officer and seriously wounding the second.

The gunman then fled on foot, police said, leading to an intense manhunt by dozens of Oakland police, California Highway Patrol officers and Alameda County sheriff deputies. Streets were roped off and an entire area of east Oakland closed to traffic.

About two-and-a-half hours later, officers, acting on an anonymous tip, found the suspect barricaded inside an apartment building, police said.

Police said the gunman fired an assault rifle at officers who came into the building to arrest him. Two members of the SWAT team were killed and a third was grazed by a bullet, police said.

Acting Oakland police chief Howard Jordan said police returned fire, killing a man they identified as 26-year-old Lovelle Mixon of Oakland.

The slain officers were identified as Sergeant Mark Dunakin, 40, who was killed at the first shooting, and sergeants Ervin Romans, 43, and Daniel Sakai, 35, who were killed at the second location.

Officer John Hege, 41, was in serious condition.

Somber officers at the police station consoled each other.

“This is probably one of the worst incidents that has ever taken place in this history of the Oakland police department,” Thomason said.

“[Mixon] was on parole and he had a warrant out for his arrest for violating that parole. And he was on parole for assault with a deadly weapon,” Oakland police Deputy Chief Jeffery Israel said.

People lingered at the scene of the first shooting. About 20 bystanders taunted police.

Tension between police and the community has risen since the fatal shooting of unarmed 22-year-old Oscar Grant by a transit police officer at an Oakland train station on Jan. 1.

This past week Pop Eyed Racist and unoriginal thinker, Mary Mitchell reacting to other persons' journalism and reports( Chicago Reporter and Leftist STNG Barista Angela Caputo) shouted out this:

Because African Americans account for about 61 percent of Illinois parolees, it is the group most impacted by the arrogance of this state agency.

So, it is quite ironic that it was black community leaders who publicly supported Blagojevich during the corruption scandal that jettisoned him from office.

The failure of the Illinois State Police to expunge and seal criminal records when ordered to do so by a judge also has likely resulted in people who honestly thought they had complied with the law losing their jobs after a background check.

Also, since applying for an expungement costs $60 -- a fee that many applicants are hard-pressed to come by -- the state agency has effectively scammed these applicants when it refused to obey the judge's orders to seal or expunge the records.

Like I said, this is a mess.

One way to start unraveling it is to bring Trent before the legislative body to explain himself.

Maybe his department has been too tainted by Blagojevich's disdain for ex-offenders.

Or maybe, given an environment where no one seemed to have been in charge, Trent mistakenly thought he could play by his own rules.

Whatever the case, the agency is guilty of abusing its vast power to determine what is right from what is wrong.

The rush to expunge Criminal Records puts money in Expungment Tamara Holder's pockets, but it gets cops killed and endangers society. Tamara Holder pops up wherever Criminals in our community need more camouflage and cover. Expungment is a big help to career criminals. That must be the agenda of Angela Caputo and the writers at Chicago Reporter.

God Bless all the families of the slain officers in California and here in Illinois as well.

posted by pathickey at 9:51 AM on Mar 22, 2009

www.xpunged.com and www.tamaraholder.com

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

REPORT: ANNUAL COST OF GUN VIOLENCE IN CHICAGO = $2.5 BILLION ANNUALLY

March 3, 2009: "Gun Violence Among School-Age Youth in Chicago" a report released by the University of Chicago Crime Lab says the annual cost of gun violence in the City of Chicago costs $2.5 billion dollars annually. Yes, that's BILLION. Article here. Other findings of the report are:
--Most of residents at the Cook County Juvenile Detention Center suffer from at least one psychiatric disorder.
--The average juvenile in custody scored lower on a vocabulary test than 95 percent of the general youth population.
--More than a third of homicide victims had alcohol in their system, while only 3 percent showed traces of "hard drugs" like heroin or cocaine in their blood.
--Four-fifths of Chicago homicide victims in 2008 died from gunshot wounds.

This new statistic bolsters my previously-held position that we have a war in our streets-at-home. So long as we continue to fight wars abroad and seek to provide "economic recovery" to the working class at home, we will continue to leave out those who have become an economic burden to our society.

$2.5 billion dollars is a staggering number. But that number is just a portion of the total cost that "gun violence" has on our community. Each indigent person must be prosecuted by the County State's Attorney and defended by the County Public Defender. Each indigent person must sit in out jails as they await trial. Each victim that survives becomes a life-long burden on society if there is serious physical disabiity and required medical attention. Each victim that does not survive must be properly buried and many times the family cannot afford the expenses.

THESE STATS ARE NOT JUST CHICAGO'S PROBLEM. THEY ARE THE NATION'S PROBLEM. 2.2 million people in our county are currently in prison or jail. Statutory minimums have been created for sentencing; the "3-strikes and you're out" laws set many up for failure. We slap first-time offenders on the wrist but severely punish on the 3rd offense. Why not punish the first time around?

Here's a comparison: Mexico's annual federal budget is 1 billion. That means the City of Chicago's gun-violence costs are 1 1/2 times greater than the ENTIRE country of Mexico's budget!  Nationally, we spend approximately $100 billion dollars annually on gun violence.

I cannot understand why society as a whole continues to ignore this immense problem.

According to the Brady Campaign:
* In 2005, approximately 8 children under the age of 19 were killed per day. 
*,694 people in the United States died from firearm-related deaths – 12,352 were murdered; 17,002 killed themselves; 789 were accidents; 330 died by police intervention, and in 221, the intent was unknown. ⁶ In comparison, 33,651 Americans were killed in the Korean War and 58,193 Americans were killed in the Vietnam War.

Regardless of your position on gun laws and rights, we have a serious problem with gun violence. Too many lives are lost and too much money is being spent.  Something must change.

www.xpunged.com and www.tamaraholder.com

Tamara's Predictions for This First Week of December

There are 2 big cases in Ilinois that I expect will be charged this week:
1) William Balfour - Jennifer Hudson family murders, and
2) Drew Peterson - "suspected" murders of his 2 wives, Kathleen Savio & Stacy Peterson.

William Balfour

William Balfour has been named the sole "person of interest" by Chicago Police in the triple-murders of Jennifer Hudson's mother, brother and nephew. Because Balfour was on parole for another crime, the IL Dept. of Corrections violated his parole (for allegedly not going to classes) and he's now back in IDOC custody. This has allowed the Chicago Police ample time to properly investigate the case without worrying about Balfour taking off. But, the parole "violation" clock is ticking: Balfour goes before the IL Prisoner Review Board on Wednesday, December 3rd. He will have a full hearing and the Board will make a determination as to whether he really violated his parole. Jorge Montes, Chairman of the Illinois Parole Board, said, "Being a person of interest is not a violation of parole, we would not determine that to be a reason to actually bring somebody back and violate his parole."

As I've stated before, I have gone before the Board on numerous occasions (for pardon hearings) and they are very fair. Often times, they call the prosecutors (in this case, it would be the investigators) into question as to whether their reasoning is, well, reasonable. Don't get me wrong, the Board is surely willing to work with authorities and will allow them to buy time; however, the Board doesn't want to subject the state to liability for violating Balfour's Constitutional rights.

I don't think the Chicago Police can continue to call Balfour a "person of interest" AND be able to keep him in IDOC custody for much longer. (Side note: the other possibility is that investigators give the Board additional information and formally label Balfour as a "suspect." But I doubt this will happen.)

All parties have had enough time to investigate and I suspect the Cook County State's Attorney will charge Balfour with the murders on or before December 3rd, so they do not risk Balfour being released by the IL Prisoner Review Board.

Drew Peterson

Drew Peterson is the Bollingbrook, IL police sergeant who is the only named suspect in his 3rd wife, Kathleen Savio's, death. (Kathleen was found dead in her bathtub from an "accidental drowning." Last year, however, her cause of death was amended to a homicide, thanks to Dr. Michael Baden.) And, Peterson's 4th wife, Stacy Peterson, disappeared last year without a trace. He's suspected to have killed her as well.

Kathleen Savio - Drew's 3rd wife (Photo courtesy of NBC)

Stacy Peterson - Drew's 4th wifeThe week before last, "The Drew Peterson Law" was passed that allows otherwise inadmissible hearsay into trial. Drew allegedly confessed his murder of Kathleen to Stacy, she shared this with her pastor, then he makes her "unavailable" by killing her, so his confession now comes into court.

It has been reported that the Grand Jury continued to meet on the Drew Peterson case last week. The Will County State's Attorney is just tightening up some loose strings, recalling witnesses and preparing to formally charge him with, at a minimum, Kathleen's murder. Hopefully, they'll charge him with Stacy's murder too.

I expect Peterson to be charged this week now that the hearsay law is in effect and authorities have had over a year to really investigate the case and bring evidence to the Grand Jury.

www.xpunged.com and www.tamaraholder.com