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 Quinn (3)

Wednesday
04Nov2009

MY PLEA TO GOVERNOR QUINN: PARDON THOSE CONVICTED BY "OPERATION GREYLORD" JUDGES

Dear Governor Quinn:

I am requesting you pardon and expunge the records of hundreds, if not thousands, of people who were convicted and sentenced by "Operation Greylord" judges. Several Greylord Judges (Courtesty of FBI)The FBI was successful at rooting out the evils of 17 Cook County judges; however, those who were the victims of the judges' convictions and sentencings were completely ignored.

Operation Greylord is the name of an FBI investigation in the 80's that spanned over the course of 3 1/2 years. As you know, Operation Greylord is still recognized to this day as one of the FBI's most successful undercover investigations. The first listening device ever placed in a judge's chambers occurred in the undercover phase, when the narcotics court chambers of Cook County Circuit Court Judge Wayne Olson were bugged. Over 100 people were indicted. The last conviction was that of Judge Thomas Maloney, who was convicted of fixing three murder cases. Maloney was released from federal prison in 2008. A total of 92 people were indicted, including 17 judges, 48 lawyers, ten deputy sheriffs, eight policemen, eight court officials, and a member of the Illinois Legislature. (See Wikipedia for further information.)

As a result of the corruption within Cook County, many people were wrongly convicted and sentenced to crimes they did not commit or they were not given a fair trial because of their attorney and/or judge's involvement in their case.

Judge Ciavarella Your pardoning and expunging the records of these individuals would follow suit of the Pennsylvania Supreme Court. On October 29, 2009, the Court ruled that almost all juvenile cases heard by Luzerne County Judge Mark Ciavarella from Jan. 1, 2003 to May 31, 2008 must be thrown out. Judge Ciavearella has been indicted for "taking millions of dollars in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes." Article here.

Over 6500 juveniles will have their records expunged. Many states automatically expunge a juvenile's criminal record; however, Pennsylvania does not. (Here, in Illinois, juvenile records are also not automatically expunged; instead, a petition must be filed and the judge must enter an order to expunge the juvenile record.)

Greylord judges were not juvenile judges but the issue is still the same: like Judge Ciavearella, Greylord judges did not act impartially but instead had a vested interest in cases by getting paid by defense attorneys in exchange for favorable sentence.

For example, one man pleaded guilty to a crime he did not commit because his attorney (whom he met when the attorney approached him in the hallway the first day of court) told him that if he signed over his bond money, the attorney would "make the case go away." Little did the man know that he was pleading guilty to felony probation and would be a convicted felon for the rest of his life.

Each person's story is different, of course, but in the fairness of justice, I believe it is only appropriate to remove the crimes of those convicted by the 17 Greylord judges. Too many lives have been permanently ruined by corrupt judges. The incarceration of the Greylord judges is only one piece of righting their wrongs. The victims in these cases should also be rehabilitated by an pardon and or expungement of any case heard before the Greylord judges.

Governor Quinn, thousands of Illinois residents were affected by the Greylord corruption. The FBI did an incredible job at rooting out the evils within the justice system but rehabilitating the victims somehow was dismissed.

I know you are incredibly busy dealing with other serious matters; however, the power to pardon is an enumerated power given soley to you, our Governor.  Political backlash often follows after a pardon is granted but, in this case, your actions are would be clearly reasonable and justified. I look forward to hearing your response to my request.

Sincerely,

Tamara N. Holder - Attorney for and on behalf of Greylord victims

www.xpunged.com

Sunday
11Oct2009

AS NUMBER OF JOBLESS INCREASES, NUMBER OF THOSE IN NEED OF GOVERNOR'S PARDON INCREASES

The jobless crisis brings another dimension to the discussion: those with criminal records, whether a felony conviction or a simple misdemeanor arrest, are going to have a tougher time getting a job. In Illinois, people with misdemeanor arrests can generally expunge or seal their records from the general public view. But, in Illinois, felony convictions (besides a special type of probation given to a select class of drug or prostitution offenders) are permanently on your record...unless...the Governor grants you a pardon, otherwise known as executive clemency.

Background checks are becoming more and more prevalent. Employers are using the background check as a tool to easily weed out potential employees. Recent studies show that there are six applicants per one job opening. If you have a criminal record, the employer is probably very likely to toss you from the pile and move on to the other applicants.

In Illinois, Governor Blagojevich left approximately 2500 pardon petitions on his desk when he was tossed from office. Since Governor Quinn has stepped in, almost a year ago, he has granted just 18 pardons. Keep in mind, the backlog has grown even more - the Illinois Prisoner Review Board hears cases four times a year. So I bet there are at least an additional 500 stacked up for Governor Quinn.

That doesn't mean you shouldn't ask for a pardon if you need one. Hey, you don't get unless you ask. Or, you can always retain me and I'll do the asking for you!

In April 2009, Governor Quinn called the backlog "shameful" and vowed to start answering the petitions. But, since then, he has only granted 18.

People need pardons, especially in this poor economic time. Many people think a pardon is just for the serial killer or child rapist who served time in prison. Not true! Did you know that if you ever pleaded guilty or were found guilty of a felony and were sentenced to probation -- besides a few exceptions -- you are a convicted felon and you need a pardon if you want a cleared record! We must change the way society thinks about a pardon. The majority of my clients are seeking a pardon for a stupid mistake they made in their early 20's. Now, 10, 20, 30 years later, the person wants to move forward in their life and the felony probation keeps popping up on a background check.

Those who made a mistake should not have to pay for it for their entire life.

Our Governor, and governors across the country, can send a signal to society by granting pardons - We must be a more forgiving and less punitive society. Those who can prove rehabilitation should be entitled to eventually wipe their slate clean and leave the past in the past.

I cannot explain the feeling I get when I see the pain in an entire family's eyes, just because of a loved one's mistake. I cannot explain the feeling I get when I see a client who regrets making a stupid decision and has lost so much confidence because he cannot get a job. One of my clients recently applied for over 50 jobs in 8 months. Each time, his felony theft from over 10 years ago pops up.

Pardons are not just for the "underbelly" of society. You would be surprised to know most people in need of a pardon look just like you and me.

The Governor is the only person who can grant a pardon. He has a specific, enumerated power given to him; therefore, he must act on those requests. It is unfortunate the the Illinois Prisoner Review Board continues to do their job: they hear countless cases, stories, reasons, etc. from countless petitioners and countless parents. Unfortunately, all they can do is "recommend" denial or granting and then move onto the next case. Governor Quinn must start acting on that "shameful" backlog.

www.xpunged.com and www.tamaraholder.com

Monday
29Dec2008

Tamara on Fox News Chicago Discussing the Blagojevich Scandal

Monday, December 29, 2008

This morning, I was on "Good Day Chicago" discussing the Gov. Blagojevich scandal.  U.S. Attorney Patrick Fitzgerald asked the impeachment panel not to subpoena Obama, his top aides, and other people who were mentioned in the federal complaint.  As a result, and against the Governor's attorneys' request, the panel will not subpoena these individuals.  Instead, attorney Ed Genson will file Obama's internal report with the committee that outlines discussions Obama and his aides had with the Governor and his staff.  I disagree with the panel's decision not to subpoena these individuals.

My opinions are in these two blogs I posted last weekend: Due Process Allows for Subpoena Power and Senator Obama Apparently "Unwitting" Ally to Blagojevich - Whatever That Means!

www.xpunged.com and www.tamaraholder.com