Criminal defense

September 17, 2021

Police and Prosecutors Square Off Over Shooting Suspect

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

Prosecutors have dropped felony charges against a suspect who was implicated in the shooting death of a 7-year-old girl and an injury to her 6-year-old sister. Prosecutors refused to pursue felony charges against one of the suspects citing the lack of evidence and the failure of one witness to cooperate. The witness is believed to be a relative of the girls and was in a dispute with one of the suspects. Without this witness’s testimony, the murder trial against at least one suspect will not move forward. Prosecutors also cited a lack of a confession or video evidence as a reason to drop the felony charges.

The outraged police officers threatened to ignore the prosecutors and try the case themselves. But the prosecutor said they would dismiss the case if the police took that route. To avoid a public battle between police and prosecutors, police backed down from their threats. The suspect is now being held on a minor parole violation. However, the felony charges against him related to the shooting are gone.

The State Attorney’s Office issued a statement that said that prosecutors and police are now in accord with the handling of the case. Prosecutors reiterated that there was simply not enough evidence to bring the case to trial. The Chicago Police Department did not issue a comment when asked.

September 9, 2021

Boyfriend Named “Person of Interest” After Woman Turns Up Missing

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

The family of a missing woman is becoming increasingly more desperate as attempts to find her come up empty. The woman was on a cross-country excursion with her boyfriend at the time of her disappearance. Police have named the boyfriend a person of interest after failing to cooperate with the investigation. However, not answering the police’s questions is not an indication of wrongdoing.

Nonetheless, when police ask a close association of a missing person questions concerning their disappearance, their tendency is to assume that anyone who is impeding the investigation is responsible for the crime. However, police also tend to assume that boyfriends or husbands are responsible for the deaths of girlfriends and wives in a large cross-section of these sorts of cases. Hence, a boyfriend may be hesitant about providing information to officers who are prone to accuse him of the crime.

What happened?

September 7, 2021

Chicago Settles Wrongful Conviction Cases for $20M a Piece

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

Several former defendants who were convicted on charges related to a single officer are now plaintiffs in lawsuits against the city claiming that they were framed. If you think it is hard to prove a defendant did something wrong, then you should consider how difficult it is to prove that a police officer framed a defendant. In this case, four men settled lawsuits for sums between $17 million and $21 million against the City of Chicago for false convictions, cooked evidence, and losing years of their lives to false accusations of a single police officer.

There are still eleven lawsuits pending against the same officer, all of which name the city and not the officer. Ultimately, the City of Chicago and its taxpayers will be responsible for making the victims whole. With 11 pending cases, all settling for $20 million or more apiece, the City of Chicago is looking at a $300 million budget shortfall all related to the activities of one police officer.

Hundreds of “confessions” tossed

September 3, 2021

Chicago Police Accused of Sexually Assaulting Teen While on Duty

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

The third Chicago police officer accused of excessive force over the past week has now been charged with a crime related to his conduct against a teenager. Authorities are accusing the officer of intentionally using his flashlight in an inappropriate manner and jamming it between the teen’s buttocks while he was making an arrest.

The officer, who is a lieutenant on the force, has been charged with aggravated battery and official misconduct, both of which are felonies. According to investigators, the teen was handcuffed at the time that he was sexually assaulted. After the incident, the officer told him, “That’s what you get for carjacking.”

The entire incident was caught on a bodycam. The teenager was fully clothed at the time of the incident, but it has raised enough red flags that the lieutenant has surrendered his badge and will now have to defend himself in criminal court. Unfortunately, there is no possible reason that you can give that would make it okay to sexually assault a teenager.

September 1, 2021

Investigation to Determine Whether Joliet Police Have “Pattern of Unlawful Policing”

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

Last year, the attorney general of the Joliet Police Department launched an investigation to determine whether or not there was an ongoing pattern of abuses within the department. The investigation is set to determine whether or not there has been a pattern of unconstitutional policing in Joliet.

The investigation came after a man died while in police custody. Video footage, which surfaced five months after the initial incident, shows police attempting to communicate with a handcuffed suspect. At one point, they can be seen pinching his nose and striking him while his hands were cuffed behind his back. The suspect appears unresponsive. He died at the hospital later that evening. The official cause of death was ruled a fentanyl overdose.

The investigation is civil in nature, not criminal. It could result in the reorganization of the department. None of the officers connected to the death were criminally charged. The investigation is focused on systemic problems and not individuals, according to the attorney general. The investigation was part of a joint effort by the city council and the mayor to open up an investigation into the department.

August 26, 2021

Cops Will Not be Charged After Accidental Shooting of Teen

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

A Des Plaines police officer who accidentally shot a teenager while pursuing a bank robber will not face charges for the incident, State’s Attorney Kim Foxx recently announced. The investigation led to the conclusion that the officer was justified in using deadly force against the bank robber. Unfortunately, it was not the bank robber he shot. The investigation concluded that the officer acted reasonably.

The Decision

The decision not to pursue charges against the officer was based on a legal concept known as mens rea or “guilty mind.” Figuratively, it refers to evil intent and is a requirement for many types of crimes. Two crimes that certainly require mens rea to be established for a conviction are first- and second-degree murder. The decision not to charge the officer boiled down to whether or not the decision to fire the weapon at the bank robber was justified. The investigation concluded that it was reasonable to discharge the weapon in that situation.

August 24, 2021

Chicago Physicians Facing Narcotics Charges

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

Two Chicago physicians are charged with prescribing opioids to patients who had no legitimate need of them, according to a federal indictment announced on the Department of Justice’s website. According to the charges, the two prescribed high-dose narcotics such as fentanyl and oxycodone to patients without conducting a meaningful examination or medical tests. The doctors are accused of knowingly dispensing the drugs to patients whom they knew for a fact had no legitimate medical need for high-powered opioids.

Further, the two physicians are accused of colluding after one of the two named in the indictment lost his license to prescribe medicine. That physician used another physician to fill prescriptions, and now they are both going to be charged with fraud, trafficking controlled substances, and more. Another element of the crime is the fact that the physicians sought Medicaid and Medicare reimbursement for the improper prescriptions.

The Opioid Crisis

August 11, 2021

Teen Found Dead After Sexual Assault

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

Two people are facing charges related to sexual assault and the concealment of a dead body. Police have charged a 40-year-old man and an 18-year-old girl with aggravated criminal sexual abuse, and manufacturing of child pornography, among other related charges. The 40-year-old man assaulted the teen girl while the 18-year-old videotaped the incident.

Police were called to the scene after an area person called in a body. The girl was pronounced dead at the scene. She was later identified as a girl who had been reported missing.

What Happened?

August 6, 2021

Scientists Call Forensics Over Baby-Shaking Prosecutions

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

Baby-shaking prosecutions involve parents or guardians who shake their babies to get them to stop crying, usually, in a fit of rage. In one case, an Australian man was convicted when two forensic experts testified that baby-shaking was the likely cause of the child’s homicide. The man was imprisoned for nine years.

The controversy surrounds a “triad” of injuries that appear to indicate a baby-shaking homicide. These include bleeding of the brain, retinal hemorrhage, and swelling of the brain. In many cases, there are no external injuries to the baby at all. The belief that “triad-only” symptomology is at a 1:1 correspondence to baby shaking is now at the center of a hot controversy between prosecutors and scientists. Some forensic experts say that the triad automatically indicates shaking or abuse, while others are not so sure. The latter’s argument is gaining traction due to a recent article contesting the science behind such prosecutions.

The article specifically called out the two expert witnesses who testified in the baby-shaking case mentioned above. The scientist concluded that there was no finding of fact that implicated the defendant in that lawsuit to baby shaking, and the theory behind such prosecutions was based on studies conducted in cases where individuals allegedly confessed to the crimes. By comparing confessions to abuse, the experts were able to (by analogy) claim that the defendant was guilty of baby-shaking.

August 4, 2021

Black Man Assaulted by Group of White Men is Facing Charges

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

A Black man assaulted by a group of white men is facing criminal charges related to the incident. According to the man, who is a local civil rights activist and a member of the Monroe County Human Rights Commission, called 911 after being assaulted by five men. The men accused him of trespassing on private property. The victim apologized and said he was not aware, but the situation escalated quickly when the men tried to teach him a lesson.

According to the victim, the men threatened to break his arms and “get a noose.” One of the men was wearing a confederate flag hat, while others were chanting white power. Cellphone video captured some of the event.

Two of the white men face charges of felony criminal confinement and battery resulting in moderate bodily injury. The white men maintained that they were threatened first and that the complainant was trespassing. Their lawyers claim that the two are victims of a smear campaign to jacket them as white supremacists. The Indiana Department of Natural Resources recommended charges be filed against all involved in the incident, but Monroe County prosecutors initially only filed charges against the two white men. Now the victim will have to face charges related to trespassing and battery. The FBI also said they are investigating the incident as a possible hate crime.