Civil Rights

June 24, 2022

Chicago Police Unveil New Foot Pursuit Policy

by Law Offices of David L. Freidberg, P.C.

Pursuit issues have long been a public safety problem, but the majority of these issues are related to vehicles. Police are afraid that pursuing vehicles can result in pedestrian deaths, personal injury lawsuits, auto injuries, and property damage. They are likewise afraid of making a bad situation worse. It is more complicated by the fact that fleeing a police officer is itself a criminal act and in some states, the stakes are very high. While you will not see prosecutions like this in Illinois, certain Southern states can charge you with murder if a police officer murders your friend who is also fleeing police. In other words, there is a lot of controversy over pursuit of suspects, how to do it safely, and how to avoid lawsuits.

What we have not seen is a foot pursuit policy. This is largely because if a police officer accidentally steamrolls a bystander, they are not critically injured in the process. Nonetheless, foot pursuits do result in avoidable shootings and one of the most recent examples of this involved a 13-year-old boy.

It is believed that the new foot pursuit policy will help prevent shootings related to minor offenses. Police will now have an identifiable policy on when they are allowed to place themselves, bystanders, or the suspect in danger. This should help reduce the overall number of police interactions.

May 25, 2022

SCOTUS Makes it More Difficult to Appeal on the Basis of Ineffective Counsel

by Law Offices of David L. Freidberg, P.C.

A recent Supreme Court decision will make it more difficult for those convicted of crimes to appeal the outcome of a trial on the basis of ineffective assistance of counsel. The measure was decided in favor of the states in a 6-3 decision. However, the dissenting justices did not mince words when describing the decision. Judge Sotomayor called the decision “perverse.” Judge Clarence Thomas who wrote the prevailing opinion said the federal government should have minimal right to “relitigate” cases years after juries rendered a decision.

Understanding the Legal Issues

The Sixth Amendment guarantees every citizen who is charged with a crime an attorney to represent them. It is assumed that this attorney is competent, can follow the case, and is providing their client with the best possible representation under the circumstances. If they fail to do this, then the defendant can appeal a conviction on the basis that their lawyer did not represent them to the best of their ability. In these cases, the court must render a decision on whether or not a similar attorney in the same position would have taken a better approach and whether or not that approach would have made a significant difference over the outcome.

March 9, 2022

Man Exonerated After 30 Years in Prison

by Law Offices of David L. Freidberg, P.C.

A Chicago man who was convicted as a teen for murder will now be freed from prison after his conviction was overturned after 37 years behind bars. The National Registry of Exonerations reported that this was the 3,000th conviction lifted since 1989 when the registry began tracking overturned convictions. The suspect was released from prison after 30 years behind bars, but not because his conviction was overturned — because he was paroled. He will now have the conviction expunged from his record, for all the good it will do him, and he will seek a certificate of innocence from the state.

The defendant was framed by a group of rogue officers operating within Chicago P.D. during the late 80s. The police found the teen walking down the street, beat him, and charged him with murder. The group resorted to framing, planting evidence, and gaining confessions through torture and beatings.

Exculpatory evidence had been suppressed at the original trial and the defense attorney representing the wrongfully-convicted defendant said he did not know about witness testimony that would have tied another man to the shooting.

March 4, 2022

Officer Will Not Face Charges After Groin Punching Suspect

by Law Offices of David L. Freidberg, P.C.

Two officers approach a suspect who opens fire on them. They return fire and strike the suspect. The suspect has now been shot. The police have him in cuffs and are searching him to determine where the gun is. The officer is patting him down. Another officer is standing near him. The officer who is doing the patdown hits his head on the other officer. Thinking it was the suspect who tried to strike him, he punches the man in the groin several times.

Bodycam footage does not show the suspect threatening the officer at the time of the arrest. The officer was relieved of duty and then charged with aggravated battery and official misconduct. However, a grand jury declined to file charges against the officer and so, the case has been dismissed.

Understanding the Problem

January 12, 2022

Is “Woke” Bail Reform Putting Criminals Back on the Streets?

by Law Offices of David L. Freidberg, P.C.

According to a recent opinion piece by the Daily Mail, “woke” bail reform is putting murderers back on the streets of Chicago. This is not strictly true. In 2020, when the jails and prisons were overcrowded with suspects awaiting charges, it became more routine to release individuals on ankle monitors. However, it is true that reforms in the way we do bail are impacting how it functions and who qualifies.

To be sure, Illinois is not woke when it comes to bail reform. Some states have moved to do away with the cash bail system, and we will get into their reasons why below. However, Illinois is not one of them so the idea that Chicago is putting murderers out on the streets at a greater rate than say, New York or Los Angeles is false. One of the reasons why Chicago takes it on the chin when it comes to these sorts of accusations is that we have a large Black population, a history of political corruption, and a reputation for organized crime. However, we are no more woke than, say, Birmingham, AL when it comes to our bail system.

COVID releases, overcrowding, and ankle monitors

January 29, 2021

President of Chicago Police Union Facing Charges

by Law Offices of David L. Freidberg, P.C.

If any one story can encapsulate the zeitgeist of the state of policing in America, it is this one. John Catanzara, the president of the Chicago police union, is facing at least two disciplinary charges. One is related to a social media post in which he referred to Muslims as “savages” and said, “They all deserve a bullet.” The other is related to criminal charges that he filed a false police report against another police officer, then-Superintendent Eddie Johnson.

Disciplinary charges follow an IA investigation into Catanzara who allegedly claimed that Superintendent Eddie Johnson allowed protesters onto the Dan Ryan Expressway. This will be the third time that the President of the police union has faced firing. Two prior superintendents have tried and failed to get Catanzara tossed from the force. The Civilian Office of Police Accountability recommended Catanzara’s firing after he made incendiary comments against Muslims.

Is it Illegal to Make Incendiary Comments About Muslims?

September 30, 2020

Charges Dropped Against Woman Dragged by Hair

by Law Offices of David L. Freidberg, P.C.

A woman who was dragged by the hair out of her car during an arrest will not face misdemeanor charges of disorderly conduct. The woman Mia Wright claims that officers dragged her out of her car by her hair near the Brickyard Mall and then knelt on her neck for a period of time. City officials refused to explain why they dropped the charges against the woman.

An attorney for Mia Wright said that anyone who looked at the video would see that the police officers’ reaction was baseless and unnecessary.

The Video

August 21, 2020

Fraternal Order of Police Decries Firings Amid George Floyd Protests

by Law Offices of David L. Freidberg, P.C.

The Fraternal Order of Police (FOP) has filed a complaint with the Illinois Labor Relations Board after several officers were allegedly unfairly suspended during investigations. Across the U.S., police departments have been taking complaints about officers more seriously since the death of George Floyd and the ensuing protests that gripped the nation.

Sidelined officers include notable ones such as the officer who punched activist Miracle Boyd in the face after a confrontation in front of the Christopher Columbus statue in Grant Park. Others include police officers accused of dragging a woman out of her car by her hair and then kneeling on her neck, and another officer caught on film giving someone the finger.

The FOP insists that none of those officers should have either been fired or suspended until the investigations were complete. They have filed an unfair labor practices complaint over the handling of police misconduct investigations.

April 22, 2020

Some Detainees Get Released From Jail Amid COVID-19 Fears

by Law Offices of David L. Freidberg, P.C.

Those who are in prison awaiting trial for crimes for which they have been accused are considered innocent until proven guilty. Yet the law has a vested interest in holding some detainees until trial—especially if they are considered either flight risks or a danger to the community.

Despite that, one Chicago criminal defense attorney was able to get over a dozen Chicago inmates released amid the COVID-19 epidemic.

Prisons and Jails are Responsible for Inmate Safety

January 29, 2020

Chicago PD Begins Using Facial Recognition Software

by Law Offices of David L. Freidberg, P.C.

Chicago PD will begin using Clearview, a controversial facial recognition software used by the FBI to identify suspects. The controversy surrounding the software is similar to the controversy surrounding law enforcement in general. In other words, it is racist. It also involves another well-established controversy: It is a violation of privacy.

You see, the FBI and law enforcement have access to a database of three billion photos lifted from sites like Facebook, Twitter, Instagram, and other social media megaliths.

How Does it Work?